{"operation":"document","citation":"06-0025","title":"University of New Hampshire — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-03-03","effective_on":null,"summary":"06-0025 response to University of New Hampshire concerning 172.201.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0025.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0025.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0025","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060025.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nMAR\n2006\nMr. Andy Glode\nRef No. 06-0025\nHazardous Materials Shipping Specialist\nOffice of Environmental Health and Safety\n11 Leavitt Lane\nUniversity of New Hampshire\nDurham, NH 03824\nDear Mr. Glode:\nThis is in response to your letter dated February 3, 2006 requesting clarification of the\nfinal rule published December 9, 2005, entitled \"Hazardous Materials: Incorporation of\nStatutorily Mandated Revisions to the Hazardous Materials Regulations\" (HM-240).\nSpecifically, you ask if shippers must retain shipping papers for shipments made since\nJanuary 1, 2005.\nThe answer is yes. Prior to enactment of the Hazardous Materials Safety and Security\nReauthorization Act of 2005 (the Act; Title VII of Pub. L. 109-59, 119 Stat. 1144 (Augrst\n10, 2005)), shippers and carriers were required to retain shipping papers for 375 days after\nthe hazardous materials shipment was accepted by the initial carrier. The Act amended\nthis regulation to require persons who provide shipping papers to retain copies for a period\nof two years and carriers to retain copies for a period of one year after the date the\nshipping paper is provided to the initial carrier. The HM-240 final rule incorporated the\nnew shipping paper retention requirements into the Hazardous Materials Regulations\n(HMR). The effective date of this final rule is January 9, 2006. Shipments offered or\naccepted for transportation prior to January 9, 2006 are not subject to the new shipping\npaper retention provisions. For shipments offered or accepted for transportation prior to\nreceives a shipping paper must retain a copy of the shipping paper or an electronic image\nJanuary 9, 2006, each person who provides a shipping paper and each person who\nthereof for 375 days after the shipment is accepted by the initial carrier.\nFor shipments offered or accepted for transportation on or after January 9, 2006, each\nperson who provides a shipping paper must retain a copy of the shipping paper or an\nelectronic image thereof for two years after the shipment is accepted by the initial carrier;\n060025\n172.201\n\n<<<PAGE 2>>>\n\neach person who receives a shipping paper must retain a copy of the shipping paper or an\nelectronic image thereof for one year after the shipment is accepted by the initial carrier.\nI hope this information is helpful.\nSincerely,\nSusan Gorsky\nRegulations Officer\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nFoster\n$172.201\nShipping Papers\nUNIVERSITY of NEW HAMPSHIRE 06 - 00.25\nFebruary 3, 2006\nSusan Gorsky, Acting Director\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n400 Seventh St. SW\nWashington, DC 20590\nDear Ms. Gorsky,\nI am writing to get clarification on 70 FR 73156, docket HM-240. This final rule changes the requirements for\nshipping paper iciention for shippers and operators. Effective 1/9/2006, shippers must retain shipping papers\nfor 2 years and operators must retain shipping papers for 1 year.\nIt is unclear from the final rule if this affects shipments made prior to 1/9/2006. For example, must shippers\nnow continue to retain shipping papers for shipments made since 1/1/2005?\nI have received conflicting interpretations from the DOT Hazmat Hotline about this and would appreciate your\nclarification of this matier.\nSincerely,\nAndy Glode\nHazardous Materials Shipping Specialist\nOffice of Environmental Health and Safety\nU'niversity of New Hampshire\n11 Leavitt Lane\n03824\nDurham, NII\nENVIRONMENTAL HEALTH AND SAFETY\nPerperuity Hall\n603-862-4041\n11 Leavitt Lane Durham, New Hampshire 03824-3522\n603-862-0047 fax http://www.unh.edu/ehs","truncated":false,"body_characters":3771}