{"operation":"document","citation":"04-0088","title":"Ms. Lisa Marquiss — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-05-18","effective_on":null,"summary":"04-0088 concerning 172.204.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0088.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0088.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0088","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040088.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nMAY 18 2004\nWashington, D.C. 20590\nAdministration\nMs. Lisa Marquiss\n1800 East 1st Avenue\nRef. No. 04-0088\nAnchorage, Alaska\n10031-9120\nDear Ms. Marquiss:\nThis is in response to your letter of March 30, 2004, requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Specifically, you ask if a shipper is required\nby the HMR to sign the shipping paper more than once.\nEach person who offers a\nhazardous material for transportation\nshall certify that the material is offered for transportation in\naccordance with the HMR by printing (manually or mechanically) on\nthe shipping paper containing the required shipping description,\nthe certification contained in $ 172.204.\nThe certification must\nof the shipper or his agent; and (2) may be legibly signed\nbe legibly signed by a principal, officer, partner, or employee\nmanually, by typewriter, or by other mechanical means.\nthe certification statement) do not satisfy $ 172.204 (d) and are\nadditional signatures on a shipping paper (not associated with\nnot required under the HMR.\nI hope this satisfies your request.\nSincerely,\nOffice of Hazardous Materials Standards\nStandards Development\n040088\n112.204\n\n<<<PAGE 2>>>\n\nCarlite\nCARLILE TRANSPORTATION SYSTEMS, INC.\n(907) 276-7797 • FAX (907) 278-7301\n1800 East 1st Avenue • Anchorage, AK 99501\nBAH\nMarch 30, 2004\n$172.204\n(a)\nEdward Mazzullo\nUSDOT, RSPA, DHM-10\nDirector, Office of Hazardous Materials Standards\n400 Seventh Street S.W.\nShipping Papers\nWashington DC 20590\n047-0088\nDear Mr. Mazzullo,\nPlease find attached a copy of our uniform straight bill of lading. The concern is\nsee it. We requested that the shipper sign the shipper's certification statement\naround the shipper's certification. The bill of lading attached was tendered as you\nthat is accompanied with a signature line. Their contention was that signing the\n\"SHIPPERS\" line at the bottom of the bill of lading constituted certifying the\nshipment.\nI had also made a request through the RSPA info-center and their response is as\nfollows:\nDear Lisa,\nThe signature that is required by the Hazardous Materials Regulations (HMR; 49 CFR\nthe above-named..\nParts 171-180) is the one (on the fax you sent) at the bottom left; \"This is to certify that\nThe shippers certification must be legibly signed by a principal, officer, partner, or\n.......\". Any other signatures are not a requirement of the HMR.\nemployee of the shipper or his agent; and (2) May be legibly signed manually, by\ntypewriter, or by other mechanical means.\nI hope this helps.\nIf you require further assistance, our Hazardous Materials Information Center is staffed\nwith regulatory specialists who can quickly answer your questions by phone. Please do\npm E.S.T. at (800) 467-4922 or (202) 366-4488.\nnot hesitate to call, as the Information Center is open Monday through Friday, 9 am - 5\nSincerely,\nArthur Pollack, Hazardous Materials Specialist\nSeattle\nAnchorage\nKenai\nSeward\nFairbanks\nPrudhoe Bay\n\n<<<PAGE 3>>>\n\nPage 2\nwhere the shipper's certification statement resides constitutes certification.\nA November 21, 1994 interpretation states signing anywhere on the bill of lading\nI am requesting an interpretation of what RSPA views as a certified bill of lading\nbased on the design of the attached bill of lading.\nFoa Margues\nSincerely,\nLisa Marquiss\nCarlile Transportation Systems\nRegulatory Compliance Director\nAttachment: Carlile bill of lading 1686872\n\n<<<PAGE 4>>>\n\nCOMBINED UNIFCAM STRAIGHT BILL OF LADING AND FREIGHT BILL\nORIGINAL - NOT NEGOTIABLE\nCarlite\nSO. BO seatte Terminal\n• 35225 Enchanted Parkway S\nKenai Terminal\n(253)874-2633\nFederal Way, WA 98003\n1216 Bridge Access Road\nCONTROL NUMBER\nKenai, AK 99611\nCorporate Offices /Terminal\nTRANSPORTATION SYSTEMS, INC.\nFAX: (253) 874-8615\n(907) 283-2884\n1686872\n1800 E. First Avenue\nFairbanks Terminal\nFAX (907) 283-2294\nAnchorage, AK 99501\nFairbanks, AK 99701\n900 Aurora Drive\nSeward Terminal\nSHIPPER'S NUMBER\n(907) 276-7797\nMile 2 Nash Road\nFAX (907) 278-7301\n(907) 451-7155\nSeward, AK 99664\nFAX (907) 456-5889\nFAX (907) 224-3797\n(907) 224-5413\nASLI- 0039\nRECEIVED, Subject to the classilication and tariffs in effect on the date of the issue of this Bill of Lading.\nICC NO. MC 153893\nFROM\nBP EXPLOR A HON ALASKA\nAT\nWORthSTAR\nRUDHOE BANAK 99734\nAGENT'S NO.\nthe property described below, in apprent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned and destined as shown below, which said company (the word\n907-652-8919\nDATE\n312-04\ncompany being understood throughout this confract as meaning any person or corporation in possession of the property under the contract) agrees to carry to its usual place of delivery at said destination, if on its\nown railroad, water line, highway route or routes, or within the territory of Its highway operations, otherwise to deliver to another carrier on the route to said destination, it is mutually agreed, as to each carrier of all\nall the conditions not prohibited by law, whether printed or written, herein contained, Including the conditions on back hereof, which are hereby agreed to by the shipper and accepied for himself and his assigns.\nor any of said property over all or any portion of said route to destination, and as to each party at any time interested in alt or any of said property, that every service to be performed hereunder shall be subject to\nCONSIGNED TO:\nBAKER PETROLTE\n(Mail or street address of consignee for purposes of notification onty.)\nADDRESS\n9100w. .w.215 STREET\nCITY\nROUTE\nDELIVERING CARRIER\nSAnd SPRIngS, OK 74063\nCOLLECT ON DELIVERY\n800-231 - 3604\nTRAILER NO.\nTRUCK NO. A\n$\nand remit to: Li\nStreet.\nA Prepaid\nCity\nState\n$P EXPlORATiON ALASICA\nThird Party\nCollect:\nPO BOX 196641 AncHoRnge AK 99519\nBilling.\nNUMBER\n•City\nState\nDrive\nProper. Shipping Name, Hazardous Class and ÚN or NA number for Hazardous Materials.\nDESCRIPTION OF ARTICLES, SPECIAL MARKS, AND EXCEPTIONS\nCollect\nPACKAGES\nCOMBUSTIBLE\nContents and condition of contents of packages unknown)\n(SUB. TO COR.\n**WEIGHT\n: RATE\nFREIGHT CHARGES\nCranio, N.o.5.\n494\nNA 1993, P.SIT\nNISFACMAIN\nCHEMTREC\n001074-16\n300-424-9300\n**|/ the shipment moves between two points by a carrier by water, the\nlaw requires that the bill of lading state whether it is carriers or\nSubject to Section 7 of conditions, if\nagreed or declared value of the property is hereby specifically stated by\nspecifically in writing the agreed or declared value of the property. The\nhere the rate is dependent on value, shippers are required to state\nthis shipment is to be delivered to the\nconsignor, the consignor shall sign the\nconsignee without recourse on the\nto apply in\nReceived$ _\ncharges on the property described\nprepayment of the\nSUBTOTAL\nhe shipper to be not exceading (if intrastate, see Section 11):\nfollowing statement:\nle carrier shall not make delivery\nand all other lawful charges.\nshipment without payment of treic\nhereon,\nAgent of Carrier\nC.O.D.\nlabeled/placardad.\nSHIPPERS CERTIFICATION: This is to certity that the above-named\nFEE\naccording to the applicable regulations of the Department of\nmaterials are properly classified, described, packaged, marked and\nTransportation.\nin proper, condition for transportation\n(Signature of Consignor)\n(the signature here acknowledges\nonly the amount prepaid\nADVANCES\nSignature of Shipper. ..\nRECEIVED the above specified\n*CONCENT ONTONE PRESENT AROUSMATERIALS\nproperty in apparent good order.\nAM\nTIME\nQMD\nTO APPLY\nPREPAID\nTELEPHONENUMBER_\nEMERGENCY RESPONSE INFORMATION:\n9300\nX\nFÓR CONSIGNEE\nDATE\nTOTAL\nREFER TO DOT EMERGENCY RESPONSE GUIDE NUMBER:\nORIGINAL BILL MUST ACCOMPANY CLAIM FOR OVERCHARGE, LOSS OR DAMAGE\nBALANCE DUE\nOR\nCAM\nBY\nDATE\nTIME\nPM\n(AM)\nDATE\nTIME\nPM","truncated":false,"body_characters":7797}