{"operation":"document","citation":"26-0003","title":"Maryland Department of the Environment Hazardous Materials Transportation Section — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-04-27","effective_on":null,"summary":"26-0003 response to Maryland Department of the Environment Hazardous Materials Transportation Section concerning 172.201, 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0003","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-04/260003.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nApril 27, 2026\nMr. Zachary Zaykoski\nMaryland Department of the Environment\nHazardous Materials Transportation Section\n1800 Washington Boulevard Suite 105\nBaltimore, MD 21230\nReference No. 26-0003\nDear Mr. Zaykoski:\nThis letter is in response to your January 7, 2026 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping paper requirements.\nSpecifically, you seek clarification on the intent of § 172.201(a)(1) regarding the identification of\nhazardous materials on a shipping paper that contains a significant amount of non-hazardous\ninformation.\nWe have paraphrased and answered your questions as follows:\nQ1. Are the requirements in § 172.201(a)(1) to comply with having a hazardous material’s\nbasic description readily identifiable from any other non-hazardous descriptions on the\nshipping paper applicable to other than cargo related items?\nA1. No. The requirements in § 172.201(a)(1) are only applicable to a mixed load of hazardous\nmaterials with non-hazardous materials and ensuring those items are properly and readily\nidentifiable. In addition, § 172.201(a)(4) states that the shipping paper may contain\nadditional information concerning the material, provided the information is not\ninconsistent with the shipping description and does not interfere with the basic\ndescription required by § 172.202(a).\nQ2. Must the identification of hazardous materials in the scenario provided be accomplished\nby following one of the three methods prescribed in § 172.201(a)(1)?\nA2. No. See answer A1.\n\n<<<PAGE 2>>>\n\nQ3. Would the shipping paper provided in the incoming request constitute a violation\nof the requirements in § 172.201(a)(1)?\nA3. No. It is the opinion of this Office that the shipping paper provided in the incoming\nrequest for a letter of interpretation is not in violation of the requirements in\n§ 172.201(a)(1).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nCardez, E.\n26-0003\nFrom: INFOCNTR (PHMSA)\nTo: Baker, Yul (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request for Official Letter of Interpretation - 49 CFR 172.201(a)(1)\nDate: Wednesday, January 7, 2026 16:44:19\nGood afternoon,\nPlease see the following interpretation request. Let us know if you need anything.\nBest,\nAminah\nFrom: Zachary Zaykoski -MDE- <zachary.zaykoski1@maryland.gov>\nSent: Wednesday, January 7, 2026 11:01 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for Official Letter of Interpretation - 49 CFR 172.201(a)(1)\nYou don't often get email from zachary.zaykoski1@maryland.gov. Learn why this is important\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nTo whom it may concern,\nI am seeking clarification and an official interpretation from PHMSA for the intent of 49\nCFR 172.201(a)(1); (i),(ii), and (iii) as it pertains to hazardous materials shipping papers\nand having a readily identifiable basic description describing the presence of a\nhazardous materials.\nA potential safety issue was discovered during a roadside inspection that could\npotentially affect the safety of the public and first responders for a carrier\ntransporting regulated hazardous materials. During the initial phase of the roadside\ninspection, the driver was asked for the hazardous materials shipping paper. He handed\nover a document that was retrieved from his door pocket, and contained what appeared\nto be an entire page of non-hazardous information including generic numerical product\ncodes, loading temperatures, weights, and signatures. Upon first receiving the\ndocument, the hazardous materials basic description was not obvious and the driver\nwas asked where the hazardous material shipping paper was. He stated this is what he\nwas given and did not know where the hazmat information was but stated this is a load\nof \"asphalt cutback.\" After several minutes of slowly going line by line, the basic\n\n<<<PAGE 4>>>\n\ndescription was eventually located almost at the bottom of the page and in print that\nwas smaller than the rest of the document. The transport vehicle was placarded and\nmarked appropriately.\n1) Although 172.201(a) specifically mentions transporting a mixed load of hazardous\nmaterials with non-hazardous materials and ensuring those items are properly and\nreadily identifiable, are shippers also required to comply with having a hazardous\nmaterials basic description that is readily identifiable from any other non-hazardous\ndescriptions on the document, other than cargo related items?\n2) Would this be accomplished by following the items prescribed in 172.201(a)(1)(i)\nentered first; (ii) Entering in a color that clearly contrasts with any description on a\nshipping paper not subject to the regulations; or (iii) placing an \"X\" in a \"HM\" column?\n3) Would the shipping paper attached to this email constitute a violation under\n172.201(a)(1)?\nThe only violation related to shipping papers cited during this roadside inspection was\nfor a violation of 172.202(c), failing to have number and type of packages before or after\nthe basic description was the only violation cited at time of stop. A “HOT” additional\ndescription violation was not recorded due to the product temperature being 152f as\nindicated by the gauge on the side of the cargo tank at the time of stop.\nThank you for your time and consideration in this matter,\nZachary Zaykoski\n--\nZachary Zaykoski\nSection Head, HazMat Compliance Specialist\nHazardous Materials Transportation Section\nMaryland Department of the Environment\n1800 Washington Boulevard STE 105\nBaltimore, Maryland 21230\nzachary.zaykoski1@maryland.gov\n410-537-3975 (O)\n443-721-5665 (M)\nWebsite | Facebook | Twitter","truncated":false,"body_characters":6064}