# Federal Railroad Administration — Hazardous Materials Safety Interpretation

- **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:** Not available
- **summary:** 12-0020 response to Federal Railroad Administration concerning 171.22, 174.24.
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- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/120020.pdf
**body:**

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1200 New Jersey Avenue SE
U.S. Department Washington, DC 20590
of Transportation
Pipeline and Hazardous
Materials Safety 
 MAR 0 9 2012
Administration
Mr. Dennis Campbell
Hazmat Trainer - FRA
32827 Crestlake Blvd.
Magnolia, TX 77354
Ref. No. 12-0020
Dear Mr. Campbell:
This responds to your January 20,2012 email regarding the applicability ofthe Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask who must
receive and retain a copy ofthe shipper's certification as required by § 174.24(a) when a
shipper offers a hazardous material to a vessel operator for subsequent transportation by rail.
You reference two letters ofinterpretation issued by PHMSA, one issued on June 25, 2010
(Ref. No.: 09-0103) and the other issued on December 11, 2009 (Ref. No.: 08-0301R). The
June 25,2010 letter states that "ifa shipper offers a hazardous material shipment to a vessel
operator for subsequent transportation by rail or highway, only the vessel operator is required
to receive the shipper's certification." The December 11, 2009 letter states that the vessel
operator is the "initial carrier in the United States." You ask that we clarify what is intended
by the term "initial U.S. carrier" as specified in §§ 171.22(f)(2) and 174.24(a).
The term "initial U.S. carrier" is not defined in the HMR. As used in § 171.22(f)(2), it refers
to the first carrier to transport a hazardous material shipment within the United States. A
vessel operator may'not transport a hazardous material shipment unless provided a signed
shipper certification, as specified in § 176.27(a). Therefore, the vessel carrier must receive a
signed shipper certification for all shipments.
You provide the following scenario: A steamship company (APL) transports a hazmat
package to a U.S. port. The package is picked up at the port by one U.S. railroad (UP) and is
subsequently transferred to a second railroad (BNSF) for delivery to a U.S. consignee. You
ask if the UP Railroad is required to receive/file the shipper's certification. In the scenario
you provide, the initial United States carrier, as specified in §§ 171.22(f)(2) and 174.24(a), is
the vessel operator (APL). Only the vessel operator is required to receive the shipper's
certification. The UP Railroad would not be required to receive the shipper's certification as
it is not the initial carrier within the United States.
I hope this answers your inquiry. If you have further questions, please contact this office.
Sincerely,
~
Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

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Drakeford. Carolyn (PHMSA)
From: INFOCNTR (PHMSA)
Sent: Friday, January 20,2012 12:11 PM
To: Drakeford, Carolyn (PHMSA)
Subject: FW: Interpretation 174.24(a)
Hi Carolyn,
We received the following request for a letter of interpretation.
Thanks,
Victoria
Victoria Lehman
Hazmat Information Center (HMIC)
http://phmsa.dot.gov!hazmatli nfo-center
(202) 366-1035
From: Campbell, Dennis (FRA)
Sent: Friday, January 20, 2012 11:38 AM
To: INFOCNTR (PHMSA)
Cc: Campbell, Dennis (FRA)
Subject: Interpretation 174.24(a)
January 20, 2012
I request an interpretation of the term "initial carrier within the U.S.", as referenced in §174.24{a) pertaining to a
shipper's certification (§172.204) on a hazmat shipping paper. Several previous PHMSA letters of interpretation have
been issued on the subject, but I'm not clear on the definition. One such letter, #09-0103 dated 6-25-2010, states in the
third paragraph (last sentence) - "if a shipper offers a hazardous material shipment to a vessel operator for subsequent
transportation by rail or highway, only the vessel operator is required to receive the shipper's certification". Another
letter, #08-0301R dated 12-11-2009, states that the vessel operator is the "initial carrier in the U.S.".
An example may serve to describe the issue. If a steamship company (APL) delivers a hazmat package to a U.S. port for
delivery to a U.S. railroad (UP), which is subsequently interchanged to another railroad (BNSF) for delivery to a U.S.
consignee. Is the UP (Union Pacific Railroad) considered the initial carrier in the U.s., or is the steamship company (APl)
the initial carrier? In other words, would the UP Railroad be required to receive! file the shipper's certification?
As the current Hazmat Trainer for the Federal Railroad Administration, I understand that our hazmat inspectors have
held the initial rail carrier accountable for receiVing/maintaining the shipper's certification on imported hazardous
materials shipments. I appreciate your clarification on this subject.
Dennis Campbell
Hazmat Trainer - FRA
32827 Crestlake Blvd.
Magnolia, TX 77354
Email: dennis.campbell@dot.gov
Office PH: (281) 259-4923
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