{"operation":"document","citation":"15-0017","title":"Walmart — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-02-19","effective_on":null,"summary":"15-0017 response to Walmart concerning 173.185, 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0017.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0017.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0017","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150017.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington. DC\n1200 New Jersey Avenue SE\n20590\nMaterials Safety\nPipeline and Hazardou:\nAdministration\nFEB 1 9 2015\nMs. Veronica Wilson\nSr. Strategy Manager, Hazmat Transportation\nWalmart\n508 Southwest 8th Street\nBentonville, AR 72716\nReference No. 15-0017\nDear Ms. Wilson:\nThis is in response to your January 22, 2015 e-mail requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the handling\ndocument required to accompany packages containing small lithium batteries. Specifically,\nyou ask if the document required by §173.185 (c)(3)(ii) must accompany each package\nwithin a shipment or if a single document per shipment is permitted and subsequently\ncarried in the cab of the vehicle with the other documents such as the bill of lading. You\nnote that as a retailer with a private fleet, or when using a dedicated third party carrier, you\nconsider all of the material on-board as a single shipment.\nSection §173.185 (c)(3)(ii) states that \"each shipment of one or more packages marked in\naccordance with this paragraph must be accompanied by a document...\" In general, a\n\"shipment\" would consist of all materials described on an individual bill of lading. A\ndocument as required by 173.185 (c)(3)(ii) would be required to accompany each shipment.\nIf all of the materials loaded on a transport vehicle are consigned as a single shipment, then\nonly a single handling document would be required. The document may physically\naccompany the cargo (such as in a peel away envelope) or be located in the cab of the\nvehicle in the manner prescribed in §177.817(e).\ncontact this office.\nI trust this information is helpful. If you have further questions, please do not hesitate to\nSincerely,\nDuane A. ,\nTife\nDuane Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nWeener\n$173.185()(3)(ii)\nDodd, Alice (PHMSA)\nBattercis\n15-001%\nFrom:\nSent:\nWiener, Aaron (PHMSA)\nTo:\nMonday, January 26, 2015 4:10 PM\nDodd, Alice (PHMSA); Goodall, Shante CTR (PHMSA)\nSubject:\nFW: Clarification request\nAlice, Shante,\nHi. Can you please log the below inquiry as a formal interp request and assign to me.\nThanks\nAaron\nFrom: Veronica Wilson [mailto:Veronica.Wilson@walmart.com]\nTo: Wiener, Aaron (PHMSA)\nSent: Thursday, January 22, 2015 9:26 PM\nSubject: Clarification request\nAaron,\nWe appreciate talking with you on the call this morning. We had one area we wanted clarification on.\nIn the Hazard Communication section of the rule (49CFR173.185(c)(3)(ii)), it states \"each shipment of\none or more packages marked in accordance with this paragraph must be accompanied by a\ndocument that includes the following:\" Our question is what does PHMSA define as a shipment?\nWe realize that most times it could refer to offering a box or even a pallet to a 3\" party carrier for\nshipment to a particular destination. However, as a retailer with a private fleet or using a dedicated 3'\nparty carrier, we view a shipment as everything in the trailer. Our position is based on the fact that it\nis all our freight moving from our facility to another of our facilities and as such, the paperwork is\nprepared as if the whole trailer is one \"shipment\".\nIf PHMSA agrees this would allow us to potentially print the emergency handling document with our\nstraight and hazmat bills of lading and carry those in the cab with the driver versus attaching to each\nouter package as if they were all \"single\" shipments.\nWe look forward to hearing your thoughts.\nVeronica Wilson - Sr. Strategy Manager, Hazmat Transportation\nWalmart Compliance\nThe Right Way, Every Day!\nhone: 479.277.9514 / fax: 479.204.8528 / email: y1wilso@wal-mart.com\nSave Money, Live Better\naddress: 508 Southwest 8th Street Bentonville, AR 72716 Mail Stop: 0509\n1\n\n<<<PAGE 3>>>\n\nThis email and any files transmitted with it are confidential and intended solely for the individual or entity to\nwhom they are addressed. If you have received this email in error destroy it immediately. *** Walmart\nConfidential ***\n2","truncated":false,"body_characters":4065}