{"operation":"document","citation":"16-0182","title":"Tom Dunaway and Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-01-04","effective_on":null,"summary":"16-0182 response to Tom Dunaway and Associates, Inc. concerning 172.101, 173.60.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0182.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0182.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0182","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160182.pdf","body":"<<>>\n\nMr. Tom Dunaway\nPresident\nTom Dunaway and Associates, Inc.\n502 Big Creek Drive\nDelta, AL 46258\nReference No. 16-0182\nDear Mr. Dunaway:\nThis letter is in response to your November 3, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of pre-\nprinted shipping papers and recent changes to the Hazardous Materials Table (HMT).\nSpecifically, you reference a final rule published by the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) on June 2, 2016, titled Hazardous Materials: Miscellaneous\nAmendments (RRR) [HM-218H; 81 FR 35483]. In this final rule, PHMSA revised certain HMT\nentries, including the removal of the packing group (PG) II designation for certain explosives.\nAs discussed in the preamble of this rulemaking, this amendment was intended to alleviate\nconfusion and frustration of shipments, as well as align with international regulations.\nYou indicate in your email that you currently ship explosives using pre-printed shipping papers\nthat list the PG II designation in the basic description although it was removed in the HM-218H\nFinal Rule. Specifically, you ask if you may continue to use these pre-printed shipping papers.\nThe answer is yes. In accordance with § 172.101(I)(1)(ii), when a change is made to the HMT, a\nshipper may continue to use pre-printed shipping papers until the supply is depleted or for a one-\nyear period, subsequent to the effective date of a regulatory change to the HMT. As the effective\ndate of the HM-218H Final Rule was July 5, 2016, the pre-printed shipping papers may be used\nuntil they are depleted or through July 5, 2017, whichever comes first. However, after\nJuly 5, 2017, a shipping paper may no longer display the PG II designation for those HMT\nentries changed in HM-218H.\n\n<<>>\n\nSincerely,\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPlease submit this as a letter of interpretation. I spoke with Mr. Dunaway.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Tom Dunaway [mailto:tdadunaway@gmail.com]\nSent: Thursday, November 03, 2016 1:38 PM\nTo: INFOR (PHMSA)\nSubject: Request for Interpretation\nI am attaching a letter asking for an interpretation. Please let me know if this email is sufficent or if I need to\nmail a copy of the request.\nThank you\nTom Dunaway\nTom Dunaway\nTDA, Inc.\n502 Big Creek Drive\nDelta, AL 36258\nH 256-488-5580\nF 256-488-5511\nC 954-401-3500\ntdadunaway@gmail.com\n\n<<>>\n\nall pallance\nI am requesting an interpretation on the following question\nThe final rule issued in HM Docket 218 H dated June 2, 2016 eliminated all\nreferences to class 1 materials in the table 172.101. Also section 172.202(a)(4)\nexempts class 1 materials from the requirement of entering the PG group on\nshipping papers.\nSections 173.62(a) requires all packages for class 1 to be tested at the PG II level.\nMost companies that ship explosives have for years had pre-printed shipping papers\nthat have the PG column filled in. We understand that in accordance with the\nprovisions of 172.202(a)(4) that the PG I is not required on shipping papers but the\nquestion that arises is if a shipper places PG II on the shipping paper is it now a\nviolation, even though 173.62(a) does require those packages to be tested at the PG\nIl level.\nThank you for your replay\nTom Dunaway\nPresident\nTom Dunaway\nTom Dunaway and Associates, Inc.\n502 Big Creek Drive\nDelta, AL 46258\nOffice Phone: 256-488-5580\nFAX\n256-488-5511\nMobile: 954-401-3500\nEmail: tdadunaway@gmail.com","truncated":false,"body_characters":3580}