{"operation":"document","citation":"09-0285","title":"Mr. Brad Bockey — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-04-26","effective_on":null,"summary":"09-0285 concerning 172.200, 172.204, 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0285.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0285.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0285","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090285.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nja~e,ty ~inistration\nAPR 26 2010\nMr. Brad Bockey\n2001 Millwood Pike\nWinchester, Virginia 22602\nRef. No. 09-0285\nDear Mr. Bockey:\nThis responds to your email dated November 30,2009, regarding general requirements for\nshippers under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180).\nSpecifically, you ask about retention ofshipping papers and certification requirements.\nYour email includes the following scenarios:\nScenario 1: Original manufacturer (shipper) ships product utilizing an outside carrier\nto deliver product to receiver A, who is a reseUer.\nScenario 2: Receiver A (from above) is a private carrier and ships orders out of\nstorage to Receiver B, when requested, on its own vehicles, never\nutilizing an outside carrier. Receiver A creates a shipping paper for each\nshipment.\nScenario 3: Receiver B is a private carrier that ships explosives by highway out to job\nsites for its own use and creates a shipping paper for each shipment.\nGenerally, the HMR apply to persons who offer hazardous materials for transportation in\ncommerce and persons who transport hazardous materials in commerce. The HMR do not\ndefine the term \"shipper.\" When the word \"shipper\" is used, such as in the title of Part 173 \"Shippers-General\nRequirements for Shipments and Packagings\" - that word refers to a person\nwho prepares a shipment for transportation. That person may also be a carrier, when it prepares\nthe shipment for its own transportation (as a private carrier) or for transportation by a\nsucceeding carrier.\nIn Scenario 1, the original manufacturer is a \"person who offers\" or \"offeror\" for purposes of\nthe HMR. In accordance with Subpart C ofPart 172 ofthe HMR, the original manufacturer\nmust prepare a shipping paper and sign the certification, and must retain a copy ofthe shipping\npaper or an electronic image of the shipping paper for at least two years after the shipment has\nbeen accepted by the initial carrier (see §§ 172.200 and 172.201). The carrier who receives the\nshipping paper from the original manufacturer must retain a copy ofthe shipping paper or an\nelectronic image for one year after the carrier accepts the shipment (see § 177.817(t)).\n\n<<<PAGE 2>>>\n\n2\nIn Scenario 2, Receiver A is both a \"person who offers\" or \"offeror\" and a carrier for purposes\nofthe HMR. Receiver A must prepare a shipping paper for each shipment and must retain the\nshipping paper or an electronic image ofthe shipping paper for at least two years. Note that no\ncertification is required for a shipment offered for transportation by a shipper as a private\ncarrier, except for hazardous materials that is to be reshipped or transferred from one carrier to\nanother (see § 172.204(b)(1)).\nIn Scenario 3, Receiver B is both a \"person who offers\" or \"offeror\" and a carrier for purposes\nofthe HMR. Receiver B must prepare a shipping paper for each shipment and must retain the\nshipping paper or an electronic image ofthe shipping paper for at least two years. No\ncertification is required for a shipment offered for transportation by a shipper as a private\ncarrier, except for hazardous materials that is to be reshipped or transferred from one carrier to\nanother (see § 172.204(b)(1)).\nI hope this information is helpful. Ifwe can be of further assistance, please contact us.\nSincerely,\nuk~\nCharles E. Betts\nhief, Standards Development\nce of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nEnqrCAM\n~ 11~. 'Z2\nDrakeford, Carolyn !PHMSA) 4jl2 . Z 0~\n-----Original Message----From:\nPHMSA-Feedback [mailto:PHMSA-Feedback]\nSent: Monday, November 30, 2009 11:19 AM\nTo: PHMSA HM InfoCenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Shippers-General Requirements for Shipments\nand Packagings (Sections 173.1 &ndash; 173.476)\nI am seeking a definitive answer as to when a carrier may be deemed a shipper as well. The\neasiest method will be by example.\n#1 Original manufacturer ships product utilizing an outside carrier to deliver products\nto receiver A who is a reseller. Original manufacturer is the shipper and outside carrier\nis considered a carrier.\n#2 Receiver A (from above) is a private carrier and orders out of storage when\nrequested on its own vehicles, never utilizing an outside carrier to receiver B. It is not\nthe same quantity so receiver A always generates a shipping paper for each shipment.\nReceiver A is not only a carrier but is also a shipper. Is this correct?\n#3 - Receiver B is also a private carrier that ships HM out to jobsites ·upon highways as\nan end-user (MOTS does not apply as this is explosive materials). Since receiver B also\nmakes their own shipping papers are not only a carrier but also a shipper as well.\nI am trying to distinguish as to whether or not #2 and #3 need to retain their shipping\npapers for 2 years, provide shipper's certification, and signature on their shipping\npapers as required by shippers.\nAlso, whether or not #2 carrier is required to leave a copy of the shipping paper with\nreceiver.\nIf you need additional information please back or phone as this appears difficult to\nexplain.\nThanks\nName: Brad Bockey\nEmail: bbockey@wbswinchester.com\nPhone: 540-535-8888\n1","truncated":false,"body_characters":5260}