{"operation":"document","citation":"12-0020","title":"Federal Railroad Administration — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-03-09","effective_on":null,"summary":"12-0020 response to Federal Railroad Administration concerning 171.22, 174.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0020.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0020.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0020","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/120020.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue SE\nU.S. Department Washington, DC 20590\nof Transportation\nPipeline and Hazardous\nMaterials Safety \n MAR 0 9 2012\nAdministration\nMr. Dennis Campbell\nHazmat Trainer - FRA\n32827 Crestlake Blvd.\nMagnolia, TX 77354\nRef. No. 12-0020\nDear Mr. Campbell:\nThis responds to your January 20,2012 email regarding the applicability ofthe Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask who must\nreceive and retain a copy ofthe shipper's certification as required by § 174.24(a) when a\nshipper offers a hazardous material to a vessel operator for subsequent transportation by rail.\nYou reference two letters ofinterpretation issued by PHMSA, one issued on June 25, 2010\n(Ref. No.: 09-0103) and the other issued on December 11, 2009 (Ref. No.: 08-0301R). The\nJune 25,2010 letter states that \"ifa shipper offers a hazardous material shipment to a vessel\noperator for subsequent transportation by rail or highway, only the vessel operator is required\nto receive the shipper's certification.\" The December 11, 2009 letter states that the vessel\noperator is the \"initial carrier in the United States.\" You ask that we clarify what is intended\nby the term \"initial U.S. carrier\" as specified in §§ 171.22(f)(2) and 174.24(a).\nThe term \"initial U.S. carrier\" is not defined in the HMR. As used in § 171.22(f)(2), it refers\nto the first carrier to transport a hazardous material shipment within the United States. A\nvessel operator may'not transport a hazardous material shipment unless provided a signed\nshipper certification, as specified in § 176.27(a). Therefore, the vessel carrier must receive a\nsigned shipper certification for all shipments.\nYou provide the following scenario: A steamship company (APL) transports a hazmat\npackage to a U.S. port. The package is picked up at the port by one U.S. railroad (UP) and is\nsubsequently transferred to a second railroad (BNSF) for delivery to a U.S. consignee. You\nask if the UP Railroad is required to receive/file the shipper's certification. In the scenario\nyou provide, the initial United States carrier, as specified in §§ 171.22(f)(2) and 174.24(a), is\nthe vessel operator (APL). Only the vessel operator is required to receive the shipper's\ncertification. The UP Railroad would not be required to receive the shipper's certification as\nit is not the initial carrier within the United States.\nI hope this answers your inquiry. If you have further questions, please contact this office.\nSincerely,\n~\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford. Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Friday, January 20,2012 12:11 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Interpretation 174.24(a)\nHi Carolyn,\nWe received the following request for a letter of interpretation.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov!hazmatli nfo-center\n(202) 366-1035\nFrom: Campbell, Dennis (FRA)\nSent: Friday, January 20, 2012 11:38 AM\nTo: INFOCNTR (PHMSA)\nCc: Campbell, Dennis (FRA)\nSubject: Interpretation 174.24(a)\nJanuary 20, 2012\nI request an interpretation of the term \"initial carrier within the U.S.\", as referenced in §174.24{a) pertaining to a\nshipper's certification (§172.204) on a hazmat shipping paper. Several previous PHMSA letters of interpretation have\nbeen issued on the subject, but I'm not clear on the definition. One such letter, #09-0103 dated 6-25-2010, states in the\nthird paragraph (last sentence) - \"if a shipper offers a hazardous material shipment to a vessel operator for subsequent\ntransportation by rail or highway, only the vessel operator is required to receive the shipper's certification\". Another\nletter, #08-0301R dated 12-11-2009, states that the vessel operator is the \"initial carrier in the U.S.\".\nAn example may serve to describe the issue. If a steamship company (APL) delivers a hazmat package to a U.S. port for\ndelivery to a U.S. railroad (UP), which is subsequently interchanged to another railroad (BNSF) for delivery to a U.S.\nconsignee. Is the UP (Union Pacific Railroad) considered the initial carrier in the U.s., or is the steamship company (APl)\nthe initial carrier? In other words, would the UP Railroad be required to receive! file the shipper's certification?\nAs the current Hazmat Trainer for the Federal Railroad Administration, I understand that our hazmat inspectors have\nheld the initial rail carrier accountable for receiVing/maintaining the shipper's certification on imported hazardous\nmaterials shipments. I appreciate your clarification on this subject.\nDennis Campbell\nHazmat Trainer - FRA\n32827 Crestlake Blvd.\nMagnolia, TX 77354\nEmail: dennis.campbell@dot.gov\nOffice PH: (281) 259-4923","truncated":false,"body_characters":4756}