{"operation":"document","citation":"19-0056","title":"Woodard & Curran — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-02-20","effective_on":null,"summary":"19-0056 response to Woodard & Curran concerning 172.202, 172.204, 172.600, 172.604.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0056.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0056.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0056","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73496/190056.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPlpellne and Hazardous\nMaterials Safety\nAdministration\nFebruary 20, 2020\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nKelly Camp, CHMM, CPEA\nRegional Manager\nWoodard & Curran\n33 Broad Street\nOne Weybosset Hill, Floor 7\nProvidence, RI 02903\nReference No. 19-0056\nDear Ms. Camp:\nlbis letter is in response to your May 7, 2019, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers that describe\n\"UN3291, Regulated medical waste, n.o.s., 6.2, Packing Group (PG) II.\" Specifically, you\nenclose a partially redacted sample shipping paper and ask for confirmation whether several\nentries on the shipping paper are acceptable under the HMR. We have paraphrased your\nquestions and answered them in the order you provided.\nQl. The sample shipping paper includes Chemtrec's phone number as the emergency contact\nbut the carrier, not the shipper, is contracted with Chemtrec to provide this emergency\nresponse service. You ask whether the shipper's use of Chemtrec as its emergency\ncontact on its shipping paper is acceptable under the HMR.\nAl. The answer is yes, provided the matter is agreed to and/or arranged for between the two\nparties, and the shipper ensures the emergency response information (ERI) provider has\nreceived current information on the shipper' s material and agreed to provide this service\nfor the shipper before the material or materials are offered for transportation. See\n§§ 172.600 and 172.604. If these conditions have not been met, the answer is no.\nQ2. The sample shipping paper includes the number and size of containers of regulated\nmedical waste (RMW). You state that the ''total\" quantity of RMW may be calculated\nfrom this information, but does not appear on the shipping paper. You ask whether it is\nacceptable to leave the total quantity of RMW off the shipping paper.\nA2. The answer is no. Section 172.202(a)(5) prescribes that the total quantity of hazardous\nmaterial covered by a description must be indicated by mass or volume, or by activity for\nClass 7 materials, and must include an indication of the applicable unit of measurement.\n\n<<<PAGE 2>>>\n\nQ3. A3. Q4. A4. As prescribed in § 1 72.202( c )(1 ), the number and type of packages must also be indicated\non a shipping paper either before or after, or both before and after, the description\nrequired and authorized by the HMR.\nAssuming the total quantity of the hazardous material on the sample shipping paper is\nplaced near the number and type of containers, you ask whether the placement of the\nshipping description and total quantity on the sample shipping paper is acceptable.\nThe answer is :Yes. There are no boundaries-written or otherwise-regarding what is\nconsidered an acceptable \"after\" location for the quantity of material covered by a\ndescription so long as it is not considered excessive. To that end, the location depicted in\nthe sample shipping paper you provided is acceptable, provided there is a clear indication\nas to which quantity is the total quantity.\nThe shipper's certification language on the sample shipping paper does not match that\nfound in§ 172.204(a)(l) or (2). You ask whether the wording in this shipper's\ncertification is acceptable under the HMR.\nThe answer is no. As prescribed in§ 172.204(a), each person who offers a hazardous\nmaterial for transportation shall certify that the material is offered for transportation\nin accordance with the HMR by printing (manually or mechanically) on the shipping\npaper containing the required shipping description the certification prescribed in\n§ 172.204(a)(l), or the certification (declaration) prescribed in§ 172.204(a)(2). The\ncertification in paragraph ( a)(l) is intended for domestic purposes, and the certification in\nparagraph (a)(2) is intended for use in either domestic or international transportation\n(HM-215A; 59 FR 67390). For transportation by rail only, the certification may be\nreceived verbally or with an electronic signature in conformance with§ 172.204(a)(3)(i)\nand (ii).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nCOMMITMENT & INTEGRITY\nDRIVE RESULTS\n33 Broad Street I One Weybosset H:11\nFloor 7\nProvidence, Rhode Island 02903\nwww.woodardcurran.com\nT 800.985.7897\nT 401.273.1007\nF 401.273.5087\n£~/0£:frL\nVia Electronic Mail\nMay 7, 2019\n~ ..._\"\"'- WOODARD\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n&CURRAN\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Kelley:\nI received the enclosed shipping paper for shipments of regulated medical waste from a facility located\nin Louisiana. I have changed the specific names and addresses, but the remaining information is as\nreceived. In this situation, the carrier is preparing the shipping paper, as I find often happens for wastes\nshipments around the country. However, the shipper is certifying the shipping paper and is responsible\nfor compliance with most of the regulations leading up to transportation. As such, I would like to determine\nwhether the following are acceptable on the shipping paper provided.\n1. 49 C.F.R. §172.201 (d) states that \"if utilizing an emergency response information telephone\nnumber service provider, identify the person (by name or contract number) who has a\ncontractual agreement with the service provider, as prescribed in subpart G of this part.\" In\naddition, 49 C.F.R. §172.604(b)(2) states, \"The number of an agency or organization capable\nof, and accepting responsibility for, providing the detailed information required by paragraph\n(a)(2) of this section. The person who is registered with the ERi provider must ensure that the\nagency or organization has received current information on the material before it is offered for\ntransportation. The person who is registered with the ERi provider must be identified by name,\nor contract number or other unique identifier assigned by the ERi provider, on the shipping paper\nimmediately before, after, above, or below the emergency response telephone number in a\nprominent, readily identifiable, and clearly visible manner that allows the information to be easily\nand quickly found , unless the name or identifier is entered elsewhere in a prominent manner as\nprovided in paragraph (b)(1) of this section.\" The enclosed shipping paper includes\nCHEMTREC's phone number as the emergency response phone number, but the shipper does\nnot have a contract with CHEMTREC to provide this service. The carrier has the contract. Is the\npresentation of the emergency phone number on the enclosed acceptable?\n2. 49 C.F.R. §172.202(a)(5) states, \"the total quantity of hazardous materials covered by the\ndescription must be indicated (by mass or volume, or by activity for Class 7 materials) and must\ninclude an indication of the applicable unit of measurement, for example, \"200 kg\" (440 pounds)\nor \"50 L\" (13 gallons).\" The enclosed shipping paper includes the number of containers and the\nsize of the containers. From this, the total quantity can be calculated, but it is not presented on\nthe shipping paper. Is this acceptable?\n3. 49 C.F.R. §172.202(c)(1) states, \"The total quantity of the material covered by one description\nmust appear before or after, or both before and after, the description required and authorized by\nthis subpart.\" Assuming the total quantity is placed near the number and type of containers, is\nthe current placement of the shipping description and the total quantity acceptable?\n4. 49 C.F.R. §172.204(a) (1) and (2) state \"each person who offers a hazardous material for\ntransportation shall certify that the material is offered for transportation in accordance with this\n\n<<<PAGE 4>>>\n\n~\n..... ~\nWOODARD\n&CURRAN\nsubchapter by printing (manually or mechanically) on the shipping paper containing the required\nshipping description the certification contained in paragraph (a)(1) of this section or the\ncertification (declaration) containing the language contained in paragraph (a)(2) of this section.\"\nThe certifications are required to be either of the following:\n• \"This is to certify that the above-named materials are properly classified, described,\npackaged, marked and labeled, and are in proper condition for transportation according to\nthe applicable regulations of the Department of Transportation.\"\n• \"I hereby declare that the contents of this consignment are fully and accurately described\nabove by the proper shipping name, and are classified, packaged, marked and\nlabeled/placarded, and are in all respects in proper condition for transport according to\napplicable international and national governmental regulations.\"\nThe certification on the shipping paper does not use this language. Is the language on the\nenclosed shipping paper acceptable?\nPlease contact me at 401.427.1322 or kcamp@woodardcurran.com if you need additional information.\nWe look forward to your prompt reply so that we can ensure compliance with DOT regulations. Thank\nyou.\nSincerely,\nKelly Camp, CHMM,CPEA\nRegional Manager\nKVC/dam\nEnclosures\nWoodard & Curran\n2019.05.07 Letter to Shane Kelley- DC DOT\n2 Woodard & Curran\nMay 7, 2019\n\n<<<PAGE 5>>>\n\nRegulated Medical Waste\nMANIFE ST# 1465534\nCODE AREA\nUN3291, Regulated Medical Waste,\nn.o.s., 6.2, PGII\nTELEPHONE NUMBER\nC:\n0\n~\nC:\nLJ.J\nz\nLJ.J\n'-'\nADDRESS\nI certify that the information provided is true and correct, and that the generated materials are properly classified, described,\npackaged, labeled/placarded; and are in proper condition for transportation according to the applicable regulations of the\nu a I• a f ., I I • f\nNAME OF COMPANY REPRESENTATIVE (Print) SIGNATURE OF REPRESENTATIVE DATE\nNAME(S) OF PERSONS COLLECTING, TRANSPORTING OR UNLOADING WASTE INITIALS REGISTRATION NUMBER\nCOMPANY NAME TELEPHONE NUMBER\nADDRESS DATE MEDICAL WASTE COLLECTED\nC:\nLJ.J\nI-\nC:\n0\na.\nVl\nz\n<(\nC:\nI-\n>- C:\n<(\n~\nC:\na.\nN\nC:\n~\n0\na.\nVl\nz\nci\n1-\n---- z\n0\n~\nC:\nLJ.J\nLL\nV')\nz\n<(\nC:\nI-\n>-\n1-\n:::;\nu\n<(\nLL\n1-\nz\nLJ.J\n2\n~\nLJ.J\nC:\nI-\nwt. # # cont. wt# #cont wt.# #cont wt.# #cont. wt. #\nI certify that the information provided above is true and correct and that only untreated medical wastes are contained in this load. I am aware that\nfalsification of this manifest may result in forfeiture of my transporter's registration and/or the privilege of utilizing State-authorized facilities.\nNAME OF COMPANY REPRESENTATIVE (Print) SIGNATURE OF REPRESENTATIVE DATE\nTRANSFER STATION: NAME REGISTRATION NUMBER\nNAME(S) OF PERSONS COLLECTING , TRANSPORTING OR UNLOADING WASTE INITIALS REGISTRATION NUMBER\nCOMPANY NAME TELEPHONE NUMBER\nADDRESS DATE MEDICAL WASTE COLLECTED\n#cont. wt.# #cont. wU #cont. wt.# #cont wt. # #cont. wt . #\nI certify that the information provided above is true and correct and that only untreated medical wastes are contained in this load. I am aware that\nfalsification of this manifest may result in forfeiture of my transporter's registration and/or the privilege of utilizing State-authorized facilities.\nNAME OF COMPANY REPRESENTATIVE (Print) SIGNATURE OF REPRESENTATIVE DATE\nCOMPANY NAME TELEPHONE NUMBER\nADDRESS\nPERMIT NUMBER DATE WASTE WAS DEPOSITED/ UNLOADED TOTAL WEIGHT DEPOSITED/ UNLOADED\nDISCREPANCY INDICATION SPACE\nI certify that I have been authorized to accept untreated medical wastes and that I have received the above indicated wastes in accordance with the\nre uirements outlined in that authorization.\nNAME OF COMPANY REPRESENTATIVE (Print) SIGNATURE OF REPRESENTATIVE DATE\nIn case of emergency, call(~ __ 8_0_0_),_4_2_4-_9_3_0_0 ________ (24-hr company or other emergency response group telephone)","truncated":false,"body_characters":11747}