{"operation":"document","citation":"09-0137","title":"J.B. Hunt Transport, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-09-24","effective_on":null,"summary":"09-0137 response to J.B. Hunt Transport, Inc. concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0137.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0137.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0137","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090137.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nSEP 2 4 2009\nMr. Jon Adams\nJ.B. Hunt Transport, Inc.\n615 J B Hunt Corp Dr.\nLowell, AR 72745\nRef. No. 09-01 37\nDear Mr. Adams:\nThis responds to your June 2,2009, request for clarification of shipping paper\nrequirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80).\nSpecifically, you ask whether it is permissible for a shipper to use the shipping papers\nprovided by a previous shipper of a hazardous material.\nAccording to your scenario, Shipper A ships a hazardous material to Shipper B. Shipper\nA uses a separate page on the shipping paper to list the hazardous material. Shipper B\nthen combines the hazardous material with other freight for re-shipment. Shipper B does\nnot create a new shipping paper for the hazardous material, but simply uses the shipping\npaper provided by Shipper A, which lists Shipper B as the receiver. You ask if this is\npermitted under the HMR.\nShipping paper requirements are set forth in Subpart C of Part 172 of the HMR. Unless\nspecifically excepted in the HMR, each person who offers a hazardous material for\ntransportation in commerce must describe the material on a shipping paper and certify\nthat the shipment is offered for transportation in accordance with the HMR. In the\nscenario described in your letter, Shipper B is offering the hazardous materials for\ntransportation in commerce and, thus, must comply with the applicable shipping paper\nrequirements, including certifying that the shipment conforms to the HMR. Shipper B\nmay rely on the information provided by Shipper A in preparing the shipping paper\nunless Shipper B knows, or a reasonable person acting in the circumstances and\nexercising reasonable care would know, that the information provided is incorrect. Note\nthat the shipping paper must be accompanied by emergency response information in\naccordance with Subpart G of Part 172 of the HMR, including a telephone number for\nuse in the event of an emergency involving the shipment. You may use the emergency\nresponse information provided by Shipper A for re-shipment of the hazardous material.\n\n<<<PAGE 2>>>\n\nHowever, you may not use the emergency response telephone number provided by\nShipper A except by previous arrangement with Shipper A.\nI hope this answers your inquiry.\nSincerely,\nCharles E. Betts\nChief, Standards Development\nHazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nINFOCNTR (PHMSA)\nSent:\nTuesday, June 02,2009 1 1 :I0 AM\nTo: rakef ford, Carolyn (PHMSA)\nSubject: FW: Hazmat Information Center Feedback: Other Questions?\n@ 1 7 ~ . 2 0 0\n09-0137\n----- Original Message----- %;PIP;ng\nFrom: PHMSA-Feedback [mailto:PHMSA-Feedback]\nSent: Monday, June 01, 2009 11:21 AM\nTo: PHMSA HM Infocenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Other Questions?\nCompleted via phone by TS on 6/2 @ ll:04am. Left vm\nI was hoping to submit a scenario to determine if it is legal or not. Shipper A ships\nhazmat to crossdock (Shipper B). Shipper A uses a separate page on the shipping papers to\nlist the hazardous materials. Shipper B then combines the hazmat freight with other\ncommodities. Shipper B does not create new shipping papers for the hazmat, but simply\nuses the shipping papers provided by Shipper A, which still list Shipper B as the receiver\ninstead of the shipper. The only reference on the new shipping papers that references\nF\nback to the old shipping papers is a line item that gives Shipper A's company\nyou tell me if this is legal or not and what regulations govern this?'\n9 ~ame : Jon Adams\nOrganization: J.B. Hunt Transport Inc.\nEmail: jonathan adams@jbhunt.com\nAddress: 615 ~ ~ k u n t coEp Dr.\nCity: Lowell\nZip Code: 72745\nPhone: 479-419-3838\nCountry: USA\nFAX: 479-820-5955","truncated":false,"body_characters":3874}