{"operation":"document","citation":"10-0257","title":"Thompson Hine LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-08-24","effective_on":null,"summary":"10-0257 response to Thompson Hine LLP concerning 171.1, 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0257.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0257.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0257","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100257.pdf","body":"<<<PAGE 1>>>\n\nU.S. Deportment of Transportation Pipeline and Hazardous Materials Safety Administration\nAUG 24 2011. 1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMr. Jason Tutrone\nLaw Clerk\nThompson Hine LLP\n1920 N Street NW, Suite 800\nWashington, D.C. 20036\nRef. No.: 10-0257\nDear Mr. Tutrone:\nThis is in response to your December 3, 2010, email requesting clarification of requirements in the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to functions performed\nat a cross-docking facility. According to your letter. packages of hazardous materials travel from\nthe offeror location to a final destination by way of private carriage. Packages are transported from\nthe offerors' facility to a cross-docking facility in full compliance with the HMR. Each package is\nappropriately marked and labeled and is accompanied by a shipping paper with a shipper's\ncertification. Employees at the cross-docking facility unload packages from incoming trailers,\nroute packages to appropriate outbound trailers, and subsequently load those packages onto the\nappropriate outbound trailer. In addition, cross-docking facility employees consolidate the shipping\npapers for the hazardous material packages contained in each outbound trailer and then create a\nnew shipping paper listing each of the non-hazardous materials contained on the outbound trailer.\nYour questions have been paraphrased and answered as follows:\nQl. Do cross-docking facility employees perform a pre-transportation function by loading\nhazardous material onto outbound trailers?\nA I. Yes. For a private motor carrier, transportation of a hazardous material in commerce begins\nwhen a motor vehicle driver takes possession of a hazardous material for the purpose of\ntransporting it (see § 17l.1(c)). Provided the driver is not present when the cross-docking facility\nemployees load, block and brace the hazardous material in the transport vehicle they are subject to\npre-transportation requirements (see § 171.1(b)(l2)).\nQ2. Have the cross-dock employees fuUilled the shipping paper requirements by consolidating the\nshipping papers prepared by the original offeror instead of creating a new shipping paper?\nA2. Yes. For the purpose of consolidating multiple hazardous materials shipments offered by\ndifferent shippers, either a single shipping paper describing the consolidated shipment, or individual\nshipping papers containing the required descriptions may be used to satisfy the shipping paper\n\n<<<PAGE 2>>>\n\nrequirements. Hazardous materials shipping papers must be clearly distinguished by tabbing or by\nhaving them appear first, if they are carried with other papers of any kind.\nQ3. Are the shipping papers developed by the original offeror suitable for all movements between\nthe origin and the final destination shown on the shipping paper'?\nA3. Yes. Provided the shipping papers are completed and maintained in accordance with the\nappropriate HMR provisions and are still active (Le., the shipment has not reached its intended\ndestination as shown on the shipping papers). For example, as provided by § 177.817(e), when the\ndriver is at the vehicle's controls, the shipping paper shall be: within his immediate reach while he\nis restrained by the lap belt; and either readily visible to a person entering the driver's compartment\nor in a holder which is mounted to the inside of the door on the driver's side of the vehicle.\nQ4. If additional certification is necessary by the cross-docking facility, can cross-docking\nfacilities apply additional signatures to the shipping documents?\nA4. Yes. The HMR does not prohibit a carrier from applying additional signatures to a shipping\npaper.\nI hope this answers your inquiry. If you need additional assistance, please contact the Standards\nand Rulemaking Division.\nSincerely, ,,,-----.'\\\nI\nI~ .1\n'fC~l ~-~ Lt~/~\nc::;::: t' //\nBen Supko\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carol\nL-eCJrj\n~ n 2. zoo\n~If ·zz..\nFrom:\nSent:\nTo:\nCc:\nSubject:\nBetts, Charles (PHMSA)\nFriday, December 03, 20106:59 PM\nDrakeford, Carolyn (PHMSA)\nHilder, Mike (PHMSA)\nFw: Shipping Paper Certification\nCarolyn-\nPlease log in this new request for interpretation.\nFrom: Hilder, Mike (PHMSA)\nSent: Friday, December 03, 2010 05:05 PM\nTo: Betts, Charles (PHMSA)\nCc: Solomey, Joe (PHMSA)\nSubject: FW: Shipping Paper Certification\nDoes your office want to treat this email as a request for an interpretation?\nMike\nFrom: Tutrone, Jason [mailto:Jason.Tutrone@thompsonhine.com]\nSent: Friday, December 03, 2010 5:02 PM\nTo: Hilder, Mike (PHMSA)\nSubject: Shipping Paper Certification\nMike,\nDaeleen Chesley, with whom I worked in C-70, referred me to you regarding a shippin!?J paper question. The facts are\nas follows:\n- Shipper operates a distribution network that involves a cross-dock facility.\n- Shipper ships hazardous materials to the cross-dock facility for distribution to clients. Each package of hazardous\nmaterials has an associated, certified shipping paper that lists shipper's origin facility as the consignor and the\ndestination client as consignee.\n- At the cross-dock facility, shipper unloads the hazardous materials from inbound trailers, routes them to outbour:ld\ntrailers, and loads them onto the trailers. Shipper does not repackage, classify, mark, placard, or perform any .\noperation other than loading. For each trailer, shipper consolidates the original shipping papers of all packages on\nthe trailer. Shipper then creates a shipping paper for the outbound load that does not list each hazardous material on\nboard, but refers to consolidated packet of shipping papers for each package. Shipper then certifies the new shipping\npaper.\nIs Shipper performing a pre-transportation function when loading the materials onto the trailers at the cross-dock?\nHas Shipper complied with the HMR shipping paper requirements for the shipment from the cross-dock by crossreferencing\nthe original shipping papers for each package being carried? Do the shipping papers that stay with each\npackage for the length of the supply chain fulfill the shipping paper requirements for the entire transportation from\nShipper's origin to client's destination? If additional certification is necessary by the cross-dock, can the cross dock\nadd its signature to the original shipping paper for each package?\nIf you could answer these questions or refer me to someone who can, I would appreciate it. Thank you.\nBest regards,\nJason Tutrone I Law Clerk* IThompson Hine LLP\n1","truncated":false,"body_characters":6518}