{"operation":"document","citation":"18-0095","title":"Transportation Compliance Associates, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-02-12","effective_on":null,"summary":"18-0095 response to Transportation Compliance Associates, Inc concerning 172.201.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0095.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0095.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0095","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70436/180095.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDEC 1 9 2018\nMike Alston, CHMM, CDGP\nVice President Operations\nTransportation Compliance Associates, Inc.\n1340 Route 30\nClinton, PA 15026-1732\nReference No. 18-0095\nThis letter is in response to your June 28, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to requirements in\n§ 172.20l(a)(5)(iii) and (iv) to verify the accuracy of information on a shipping paper used to\nreverse route a tank car containing sulfuric acid residue. Specifically, you seek confirmation of\nyour understanding that it is the carrier's responsibility to generate a residue shipping paper, not\nyour client's as the offerer, and further ask what is required to satisfy the verification procedure\nprescribed in§ 172.201(a)(5)(iv).\nYour understanding of§ 172.20l(a)(5)(iii) is partially correct. Under§ 172.201(a)(5)(iii),\ncarriers may, but are not required to, generate an electronic shipping paper for a residue shipment\nof hazardous material transported by rail using information from the previous loaded movement\nof that hazard materials packaging provided the carrier ensures the description of the material\nthat accompanies the shipment complies with the offerer's request. See Docket No. PHMSA-\n2010-0018 (HM-216B; 77 FR 37962).\nAdditionally, the HMR do not specifically state what actions must be taken to satisfy the\nverification procedure requirement prescribed in§ 172.201(a)(5)(iv) for a rail shipment's\nelectronic shipping paper, only that the procedure must exist and it must permit the offerer to\n\"verify the accuracy of the electronic data interchange (EDI) transmitted hazard communication\ninformation that will accompany the shipment.\" Therefore, it is the opinion of this Office that\nany procedure that meets these criteria is satisfactory.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n~~knu~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nG:{rv\\ M2s\nSubject: Requesting an interpretation of regulation 172.201\nDOT Info:\nI am a hazmat consultant and I have a client that was recently cited by the FRA for not having a procedure in place for\nthe return of a residue tank car of sulfuric acid. (note: no penalty for the violation was recommended at this time). The\ncar was reverse routed using the information originally transmitted by the manufacturer (original offeror). My client\nwas cited for the following:\n172.201(a)(5)(iii) and 172.201(a)(5){lv)\n(iii) A carrier that generates a residue shipping paper using informationfrom the previous loaded .\nmovement of a hazardous materials\npackaging must ensure the description of the hazardous material that accompanies the shipment\ncomplies with the offeror 's\nrequest,· and\n(iv) Verification. The carrier and the offeror must have a procedure by which the offeror can verify\naccuracy of the transmitted\nhazard communication information that will accompany the shipment.\nMy observation and interpretation of the regulations for 172.201(a)(S)(iii) is that the responsibility to generate the\nresidue shipping paper is the carrier's responsibility (not my client's ) once the carrier sends a copy of the residue\nshipping paper is received by the offeror (my client) which occurs electronically with each shipment. The original bill of\nlading that moved the sulfuric acid from the producer to my client's location had all of the hazard. communication\ninformation and basic information to originally move the hazardous material or the rail road would not have made the\nmove.\nAs for the verification in section 172.201(a)(S)(iv) I am requesting an interpretation of what is required to complete the\nverification? If my client, is reverse routing the tank car using EDI using the original information that was transmitted by\n1\n\n<<>>\n\nthe producer, then what further verification is required? My interpretation of this verification process was when the\nofferor submits the reverse route bill of lading that is the verification.\nI appreciate your time and consideration of this request.\nMike Alston, CHMM, CDGP\nVP Operations\nMike.Alston@Hazmat-l.com\nTransportation Compliance Associates, Inc.\nCell: 412-651-8776\nOffice: 724-899-4100 X201\nFax:724-899-5049\nwww.Hazmat-l.com\nTransportation\nCompliance\nAssociates~ Inc.\nBy the way ... have you checked out our Linkedin Company page? You can find it HERE!\nCONFIDENTIALITY STATEMENT This electronic message contains information that is confidential or\nprivileged. The information is intended to be for the use of the individual or entity named above. If you are not\nthe intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message\nis prohibited. If you have received this electronic message in error, please notify me immediately by telephone\nat (724) 899-4100.\nCONFIDENTIALITY STATEMENT This electronic message contains information that is confidential or privileged. The\ninformation is intended to be for the use of the individual or entity named above. If you are not the intended recipient,\nbe aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have\nreceived this electronic message in error, please notify me immediately by telephone at (724) 899-4100.\n2","truncated":false,"body_characters":5979}