{"operation":"document","citation":"19-0103","title":"J Lazarus Consulting & Training, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-01-31","effective_on":null,"summary":"19-0103 response to J Lazarus Consulting & Training, LLC concerning 172.201.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0103.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0103.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0103","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73306/190103.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJanuary 31, 2020\nJosh Lazarus\nJ Lazarus Consulting & Training, LLC\n11663 Spotted Margay A venue\nVenice, FL 34292\nReference No. 19-0103\nDear Mr. Lazarus:\nThis letter is in response to your July 25, 2019, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. You\ndescribe a scenario in which pyrotechnic articles and flammable gases are transported by\nhighway to multiple venues in support of an entertainment enterprise. You state that the operator\nbegins the tour with a supply of hazardous materials and draws down on the stock as the tour\nprogresses. You further add that the unused items from each show are resealed and reloaded on\nthe truck for use at the next show. You ask whether a new shipping paper is required in this\nscenario when moving from one destination to another.\nThe answer to your question is yes. Unless otherwise excepted, a shipping paper is required each\ntime a shipment of hazardous materials is offered for transportation. In your scenario, this\naccounts for each venue where hazardous materials are unloaded and subsequently repackaged.\nHowever,§ 172.201(e) permits use of a single (permanent) shipping paper without change for\nmultiple shipments of one or more hazardous materials having the same shipping name and\nidentification number. When using a permanent shipping paper for multiple shipments, there\nmust be a record of each stop that reflects the shipping name, identification number, quantity\ntransported, and date of shipment after repackaging/reloading the hazardous materials.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely, . / A/J /\n_ ,'/J}r:. ··/ ~\n.k Kin~~/\nrr r en\nChie , Stand ds Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nJ LAZARUS CONSULTING & TRAINING, LLC\n11663 Spotted Margay Avenue, Venice FL 34292 • 201-538-0429\nJosh@JLAZCT.com\nJuly 25, 2019\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-IO)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington DC 20590\nDear Mr. Kelley,\nI am writing to you on behalf of one my clients who is in the entertainment industry. My client provides special\neffects services for various events including concerts, sporting events, corporate events, etc.\nThe question is whether a new set of shipping papers, as required by CFR Title 49, Subtitle B, Chapter 1,\nSubchapter C, Parts 172.201 and 172.202 are required when materials are moved from city to city as part of tour\nor is there an alternative method to handle this situation. For example, on the first date of the tour my client will\nreceive a shipment via FedEx, containing a certain quantity of Articles Pyrotechnic, DOT Class 1 .4G and\nflammable gases in small cylinders, DOT Class 2.1. The shipment will typically cover several shows and the\noperator will draw down on the stock as the shows progress. Unused items are left in the packages from the\noriginal shipper, resealed in an appropriate manner and then placed on a truck to be transported to the next\nvenue/city. The same truck is used each time. As the tour progresses, the number of boxes decreases as\ninventory decreases. Typically, other items will also be transported on the same vehicle, such as audio and video\nequipment, stage parts, cables and the like. On subsequent tour stops, the same procedure would be followed\nwith an initial delivery and then drawing down from that shipment.\nAny information you can provide on this will be greatly appreciated.\nPlease do not hesitate to contact me if you need additional information or have any questions.\nRespectfully,\nJosh Lazarus\nOwner","truncated":false,"body_characters":3835}