{"operation":"document","citation":"25-0057","title":"Commercial Vehicle Safety Alliance (CVSA) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-02-13","effective_on":null,"summary":"25-0057 response to Commercial Vehicle Safety Alliance (CVSA) concerning 172.202, 172.400, 172.402, 172.514.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0057.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0057.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0057","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-02/250057.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFebruary 13, 2026\nCollin B. Mooney, MPA, CAE\nExecutive Director\nCommercial Vehicle Safety Alliance\n99 M Street, SE, Suite 1025\nWashington, DC 20003\nReference No. 25-0057\nDear Mr. Mooney:\nThis letter is in response to your email requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the description of hazardous materials on\nshipping papers. You are seeking clarification on the exception to entering the subsidiary hazard of\na material on shipping papers when that material does not require a corresponding subsidiary\nhazard label, as stated in § 172.202(a)(3). Specifically, you ask whether a shipper or motor carrier\nis required to enter the subsidiary hazard class or division number on a shipping paper when the\npackage used to transport the material is a bulk package (with a capacity over 1,000 gallons)\nrequiring placards rather than labels.\nThe provision in § 172.202(a)(3) does not apply to bulk packaging requiring placards. This\nexception applies to situations where subsidiary hazard labels are not required in accordance with\n§ 172.402—not situations where a placard may be used in place of a label as permitted by\n§§ 172.400, 172.512, or 172.514. As stated in § 172.202(a)(3), except for combustible liquids, the\nsubsidiary hazard class(es) or subsidiary division number(s) must be entered in parentheses\nimmediately following the primary hazard class or division number on the shipping paper. As\nPHMSA recognizes the wording in the exception in § 172.202(a)(3) may be causing confusion for\nshippers and enforcement personnel, this exception may be considered for revision in a future\nrulemaking.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nMatthew Nickels\nActing Director\nStandards and Rulemaking Division\n\n<<>>\n\n25-0057\nLarson\nFrom: Adrienne Gildea \nSent: Thursday, May 30, 2024 3:32 PM\nTo: Kelley, Shane (PHMSA)\nCc: Bill Reese; Collin Mooney\nSubject: Letter to PHMSA Requesting Clarification on Entry of Subsidiary Hazard on Shipping Paper\nAttachments: Letter to PHMSA Requesting Clarification on Entry of Subsidiary Hazard on Shipping Paper.pdf\nGood a ernoon Mr. Kelley,\nA ached, please find a le er reques ng clarifica on on the requirements for entering subsidiary hazard class or division\nnumbers on shipping papers. Currently, § 172.202(a)(3) requires the primary hazard class or division for a hazardous\nmaterial to be entered on the shipping paper as part of the required basic descrip on. The sec on further requires that if\nthe material has a subsidiary hazard class or division number, it be entered in parentheses immediately following the\nprimary hazard. The sec on also states the subsidiary hazard class or division need not be included if a subsidiary label is\nnot required. Specifically, CVSA requests PHMSA issue guidance on whether an offeror/shipper or motor carrier is required\nto enter the subsidiary hazard class or division number on a shipping paper when the package used to transport the\nmaterial is a bulk package.\nWe appreciate your considera on of this request.\nThank you,\nAdrienne\nAdrienne Gildea, CAE\nDeputy Execu ve Director\nadrienne.gildea@cvsa.org\nDirect: 202-998-1009\nMobile: 202-213-5890\n99 M Street, SE, Suite 1025\nWashington, DC 20003\nPhone: 202-998-1002\nwww.cvsa.org\n1\n\n<<>>\n\nMay 30, 2024\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division (PHH-10)\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave. SE\nWashington, DC 20590\nRE: Clarification on the requirements in § 172.202(a)(3) regarding the entry of subsidiary hazard class or\ndivision numbers on a shipping paper\nDear Director Kelley,\nThe Commercial Vehicle Safety Alliance (CVSA) would like clarification from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) on the requirements for entering subsidiary hazard class or division numbers on\nshipping papers. Currently, § 172.202(a)(3) requires the primary hazard class or division for a hazardous material to\nbe entered on the shipping paper as part of the required basic description. The section further requires that if the\nmaterial has a subsidiary hazard class or division number, it be entered in parentheses immediately following the\nprimary hazard. The section also states the subsidiary hazard class or division need not be included if a subsidiary\nlabel is not required. Specifically, CVSA requests PHMSA issue guidance on whether an offeror/shipper or motor\ncarrier is required to enter the subsidiary hazard class or division number on a shipping paper when the package\nused to transport the material is a bulk package.\nCVSA is a nonprofit organization comprised of local, state, provincial, territorial and federal commercial motor\nvehicle safety officials and industry representatives. The Alliance aims to prevent commercial motor vehicle crashes,\ninjuries and fatalities and believes that collaboration between government and industry improves road safety and\nsaves lives. Our mission is to improve commercial motor vehicle safety and enforcement by providing guidance,\neducation and advocacy for enforcement and industry across North America.\nRequest\nCVSA requests PHMSA issue guidance on whether an offeror/shipper or motor carrier is required to enter the\nsubsidiary hazard class or division number on a shipping paper when the package used to transport the material is\na bulk package. Bulk packages with capacity over 1,000 gallons can never be labeled. As these packages do not\n\n<<>>\n\nrequire any labels, and subsidiary placards are not addressed in § 172.202(a)(3), would the entry of the subsidiary\nhazard be required on the shipping paper for cargo tanks and other bulk packages that are placarded?\nJustification\nCVSA has a cooperative agreement with the Federal Motor Carrier Safety Administration to provide required\ncertification training for state and local law enforcement officers in the proper procedures to conduct roadside\ninspections of commercial motor vehicles. Currently, the training states that shippers and carriers are required to\nenter the subsidiary hazard class or division numbers on a shipping paper. However, this appears to conflict with\nthe language in § 172.202(a)(3). To ensure the regulations are being enforced correctly and inspectors are receiving\naccurate training instruction regarding the requirements for entering subsidiary hazard class or division numbers\non shipping papers, CVSA is requesting clarification from PHMSA. PHMSA’s guidance on this matter will ensure\nCVSA provides the correct guidance to the state and local officials conducting roadside inspections.\nCVSA works to closely monitor, evaluate and identify potentially unsafe transportation processes and procedures\nas well as to help facilitate and implement best practices for enhancing safety on our roadways. Commercial motor\nvehicle safety continues to be a challenge and we need the involvement of all affected parties to help us better\nunderstand these issues and put into place practical solutions. We appreciate the agency’s commitment to safety\nand stakeholder involvement.\nIf you have further questions or comments, please do not hesitate to contact me at 202-998-1008 or\ncollin.mooney@cvsa.org.\nRespectfully,\nCollin B. Mooney, MPA, CAE\nExecutive Director\nCommercial Vehicle Safety Alliance\n2","truncated":false,"body_characters":7580}