{"operation":"document","citation":"03-0003","title":"Mr. Orris Gram — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-03-17","effective_on":null,"summary":"03-0003 concerning 172.201.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0003","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030003.pdf","body":"<<<PAGE 1>>>\n\n.S. Departmer\nf Transportatio\nNashington, D.C. 2059\n400 Seventh St., S.W\nMAR 17 2003\nMr. Orris Gram\nRef. No. 03-0003\n59285 Lotus Court\nMontrose, CO 81401\nDear Mr. Gram:\nThis responds to your January 8, 2003 letter requesting clarification on § 172.201(e) of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification on the\nshipping paper retention requirements regarding \"permanent\" shipping papers and the required daily\nreceipts under § 172.201(e).\nAccording to your letter, your motor vehicles carry medical oxygen and welding gases using a single\ncomplete trip manifest or \"permanent\" shipping paper that makes multiple stops throughout the day.\nEach of your customers is provided with a delivery or billing reccipt for the quantity of material which\nthey receive. The individual customer delivery record is prepared only after delivery of the material. It is\nyour belief that the daily copy of the full load trip manifest for each day operated would be retained for\n375 days and comply with the HMR, and, there would be no requirement to list quantity delivered to\neach individual customer. However, you believe it would appear to require a full shipping document be\nmaintained for each individual delivery.\nSection 172.201(e) provides for the use of a \"permanent\" shipping paper when shipping the same\nmaterial (same shipping name and identification number) for multiple shipments, instead of a separate\nshipping paper for each shipment made, if the carrier also retains a record of each shipment made, to\ninclude shipping name, identification number, quantity transported, and date of shipment. Therefore, if\nyou choose to use a \"permanent\" shipping paper instead of a shipping paper for each daily delivery,\nyou must also retain copies of your delivery or billing receipts that include the shipping name,\nies Ections are valid lower sated in paper lient apa tex in 13 202320.\nI hope this answers your inquiry.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n172,201\n030003\n\n<<<PAGE 2>>>\n\nBoothe\n59285 Lotus Court\nOrris Gram\n3172.201(4/e)\nMontrose, CO 81401\n(970)240-3329\nFAX (970)240-3358\nShipping Papers\nJanuary 8, 2003\n03-0003\nDeborah Boothe\nOffice of Hazardous Materials Standards\nU.S. Department of Transportation\nResearch and Special Programs Administration\n400 Seventh Street SW\nWashington, DC 20590\nDear Ms. Boothe;\nI am requesting clarification on the retention of shipping papers as outlined in Docket HM-207B.\n(1/2.201(e)) States that a carrier may retain a single copy of the shipping paper, then adds if, the\ncarrier retains a record of each shipment made, to include shipping name, identification number.\npermanent document, and on the hand requires a complete shipping document for each delivery.\nquantity transported and date of shipment. On one hand the requirement for only the single\nWe are a private carrier of welding gases and medical oxygen; all materials are delivered over\nscheduled routes using a permanent shipping paper identifying the cargo.\nExample No 1. - A motor vehicle operates with a bulk container of medical oxygen having a\nwith emergency response information as required as follows:\ncapacity of 776 liters (300 gal), and currently uses a permanently mounted shipping document\n\"1 tank, Oxygen, refrigerated liquid, 2.2, UN-1073, II, 300 gallons\"\nThis vehicle will make multiple stops delivering product throughout the day, each customer will\nbe provided with a delivery (billing) for the quantity of oxygen, which they receive. The driver\ndiminishes with each delivery.\ndocumentation is required?\nQuestion. To comply with the HM207B shipping document and retention requirement, what\n(1). Are the exceptions (173.320) provided for cryogenic liquids (oxygen), still valid or\nsuperseded by HM-207B,\n(2). Will the current undated single copy of the permanent shipping document carried on\nthe vehicle be acceptable \"1 tank, Oxygen refrigerated liquid, 2.2, UN1073, 300 gallons\"\nbe acceptable;\n(3). Will a copy of the shipping document \"1 tank, Oxygen refrigerated liquid, 2.2,\nUN1073, 300 gallons\" dated for each day operated for the 375 day period be required; or\n\n<<<PAGE 3>>>\n\n(4). Will a copy of each customer delivery record containing the US DOT Reg. No.,\nproper shipping name, identification number, class, quantity delivered, and date retained\nfor the 375 day period be required.\nknows the potential customers and approximately the number of cylinders each customer will\nExample No. 2. - A vehicie transports welding gases on a scheduled delivery route the driver\nequire. The driver starts the daily trip with a single complete trip manifest, shipping documen\nsting only a route number and a full detailed description of the load, including the total numbe\nof cylinders at the start of the trip, which in an abbreviated form example would be;\n\"50 cyl, Oxygen, compressed, 2.2, UN1072\"\n\"20 cyl, Acetylene, dissolved, 2.1, UN1001\"\nin the instance of Example No. 2 it is our belief the daily copy of the full load trip manifest for\nbe no requirement to list quantity delivered to each individual customer. However, as outlined it\neach day operated would be retained for 375 days and comply with HM207B, and there would\nindividual delivery.\nExample (1) it would appear to require a full shipping document be maintained for each\nand retention requirement.\nYour clarification of this matter is urgent if we are in noncompliance the document preparation","truncated":false,"body_characters":5505}