{"operation":"document","citation":"10-0133","title":"American Ordnance LLC Iowa Army Ammunition Plant — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-12-08","effective_on":null,"summary":"10-0133 response to American Ordnance LLC Iowa Army Ammunition Plant concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0133.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0133.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0133","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100133.pdf","body":"<<<PAGE 1>>>\n\nU.S. Deportment of Transportation 1 200 New Jersey Ave. SE\nWashington. D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\n[ ..... '\" 11 11 • ~)\n__., ,.) ';\" l..J oJ i\nT. Bradley Vance\nTraffic Manager\nAmerican Ordnance LLC\nIowa Army Ammunition Plant\n17575 HWY 79\nMiddletown, IA 52638-9701\nRef. No. 10-0133\nDear Mr. Vance:\nThis responds to your request for clarification of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180) applicable to shipper's responsibility. Specifically, you state that your\ncompany manufactures and ships containerized product to locations specified by its customers.\nYour customers will occasionally reship those products using a different carrier and by multiple\nmodes of transport to various locations worldwide. Additionally, your customer requests that\nyou provide them with documentation for the subsequent transportation by vessel to the\ncontainerized product's final destination. Your questions are paraphrased and answered as\nfollows:\nQl. Who is responsible for providing dpcumentation for the above scenario, the manufacturer\n(original shipper) or the customer who offers the containerized product to a vessel\noperator?\nAl. The customer is responsible for providing the documentation required to ship the\ncontainer to the port and subsequent vessel transportation. The customer may, however,\nrely on information provided by the manufacturer (or previous offeror) and consider it\ndirect knowledge, unless that offeror knows or a reasonable person acting in the\ncircumstances and exercising reasonable care would know that the information provided\nis incorrect.\nQ2. Is a cargo consolidator required to create new shipping papers that consolidates\nindividual consignments or is he or she allowed to offer the shipment with the shipping\npapers that were prepared by the original offerors?\nA2. The HMR do not require that a cargo consolidator create new shipping papers. If the\nindividual shipping paper documents are still active (Le., the shipment has not reached its\nintended destination as shown on the shipping papers), they are still acceptable.\nHowever, jf the cargo consolidator creates new shipping papers they may rely on the\n\n<<<PAGE 2>>>\n\nprevious certification when recertifying the shipment unless objective factors are present\nto cause the cargo consolidator to believe that the condition of the shipment has changed\nsince offered by the original shipper (e.g., damage to the packages during transit, broken\nseal, etc.).\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nus.\nSincerely,\n-(~h'X.-~dkZ::\nT.\nGlenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nAmerican Ordnance LLC\n(~\n,,., 17575 Hwy79\nIowa Army Ammunition Plant\nAmerican Ordnance\nMiddletown IA 52638-9701\nwe do what we say.\" (319) 753-7114\ninfo@aollc.biz\nJune 16, 2010\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOTIPHMSA (PHH-10)\n1200 New Jersey A venue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mazzullo,\nWe, as a manufacturing company, ship material to different destinations worldwide. As the shipper we certify\nthe material for the transport carriage we load to our destination. The question has been brought to my attention\nthat one of our customers wants us to certify the material in a different carriage and to a different destination than\nwe load for transportation.\nHere are the details of the situation. We were directed by our customer to ship material to Plattsburg, NY. The\ncustomer contracted another organization to unload the material from the trailer we loaded and placed the\nmaterial into 20' ISO containers. The other organization then shipped the 20' ISO containers to port for overseas\nshipment. Prior to shipping it to port our customer requested that we send them a signed Dangerous Good\nDeclaration (DGD) for the International Maritime Organization (IMO) for this shipment and mode. Our opinion\nis the material has reached its destination (Plattsburg, NY) and we have fulfilled our obligation to the 49 CFR and\nwe have no requirement to certify the next mode of transportation, since we are not offering the material for\ntransport overseas. Our opinion is based on interpretation letters reference numbers 00-0023 and 09-0064 Q2, A2.\nWe need to know who should be providing and signing the DGD for the IMO. Should it be the manufacturer, the\norganization that places it into the carriage (containerizes) for the movement across sea, or the customer, who is\nlisted as the shipper on the Export License?\nThank you in advance for your response and we look forward to hearing from you.\nSincerely,\n~~~~s---z~\nT. Bradley Vance\nTraffic Manager\nAmerican Ordnance LLC\nPhone: (319) 753-7408\nCell: (319) 572-0342\nEmail: bvance@aollc.biz","truncated":false,"body_characters":4853}