{"operation":"document","citation":"08-0137","title":"National Motor Freight Traffic Association, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-02-06","effective_on":null,"summary":"08-0137 response to National Motor Freight Traffic Association, Inc. concerning 171.2, 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0137.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0137.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0137","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080137.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nFEQ - 6 2009\nMs. Lisa K. Winter\nNational Motor Freight Traffic Association, Inc.\n1001 North Fairfax Street, Suite 600\nAlexandria, VA 223 14\nRef. No. 08-01 37\nDear Ms. Winter:\nThis responds to your request for clarification of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 17 1-1 80) and its applicability to a scenario involving a motor carrier accepting a\nshipment that contains hazardous materials packages and non-hazardous materials packages in\none handling unit, such as a pallet. The shipment is received with instructions from the shipper\n(offeror) to keep the unit intact. You state that there are incidences when the motor carrier\naccepts a unit that weighs more than indicated on the received shipping documents and you are\nconcerned that the weight discrepancy may alter applicable requirements, such as those for\nplacarding. Specifically, you ask how this problem should be rectified.\nA carrier with knowledge of incorrect information may not continue to use that information (see\n8 17 1.2(e) and (f)) and must resolve any discrepancies pertaining to the shipment before it is\naccepted for transportation. A carrier who knowingly continues to use inaccurate information, as\nwell as a person who knowingly or willfully provides incorrect information to a carrier, is in\nviolation of the HMR. As specified in 9 172.202(a)(5), the total quantity of hazardous materials\ncovered by the shipping description must be indicated (by mass or volume) on the shipping\npapers. Discrepancies in the weight of the hazardous materials may impact compliance with\nother HMR requirements. For example, whether a carrier may take advantage of the placard\nexceptions provided in 9 172.504 for certain non-bulk packaging shipments of less than\n1,001 lbs.\nCommunication between the applicable parties is essential in cases where discrepancies and\nconfusion exist regarding a shipment. Implementing procedures with the offeror to solve\n\n<<<PAGE 2>>>\n\nproblems before accepting a shipment, particularly when previous problems with the offeror\nhave occurred, should also be considered.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nPage 1 of 1\nDrakeford, Carolyn cPHMSA>\nFrom: INFOCNTR <PHMSA>\nSent: Friday, May 09, 2008 1:01 PM\nTo: Drakeford, Carolyn <PHMSA>\nCc: 'Winter@nrnfta.orgl\nSubject: FW: Mixed Handling Units of Hazardous and Nonhazardous Materials-Inaccurate Weight\nFrom: Lisa Winter [mailto:Winter@nmfta.org]\nSent: Thursday, May 08, 2008 4:13 PIY\nTo: :[NFOCNTR <PHMSA>\nCc: Donald Newell; George Beck; Joel Ringer\nSubject: Mixed Handling Units of Hazardous and Nonhazardous Materials-Inaccurate Weight\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nAttn: PHC- 10\nU.S. Department of Transportation, East Building\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590\nTo Whom it May Concern:\nOften materials regulated by the U.S. Department of Transportation as a hazardous material are offered\nfor transportation to motor carriers in the same handling unit, e.g., a palletized unit load, with\nnonhazardous freight. (A theoretical example of this could be a unitized pallet load of mops, buckets\nand hazardous cleaning compounds.) Frequently the carrier has been instructed by the shipper to leave\nthe pallet intact.\nSometimes a motor carrier employee finds that the weight of the mixed handling unit is inaccurate in\nthat it is either higher or lower than the weight shown on the bill of lading. If the weight is higher than\nthat stated, this could potentially result in a chemical meeting a threshold weight where3kregulated as\na hazardous material; whereas at the lesser stated weight, it was not regulated.\nWhen this occurs, please will you explain what is required in the hazardous materials regulations of the\nmotor carrier, either explicitly or implied?\nThank you in advance for any assistance you can provide in this matter.\nSincerely,\nLisa K. Winter\nCommodity Classification Standards Board, Member\n100 1 North Fairfax Street, Suite 600\nAlexandria, VA 223 1 4\nPhone: 703.838.1824 * Fax: 703.683.1 094 * website: www.nmfta.org","truncated":false,"body_characters":4413}