{"operation":"document","citation":"26-0019","title":"Kaytlynn Milam — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-04-28","effective_on":null,"summary":"26-0019 concerning 171.2.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-26-0019","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-04/260019.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 28, 2026\nKaitlyn Milam\n7241 Foxtrot Drive\nOrange, TX 77632\nReference No. 26-0019\nDear Ms. Milam:\nThis letter is in response to your February 5, 2026 email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers.\nYou describe a scenario where the offeror (i.e., the shipper) provided a shipping paper, which\nlisted the packaging description as a “pallet,” to a carrier that subsequently revised the packaging\ntype on the shipping paper based on their reasoned determination that the original packaging\ndescription was not compliant and without knowledge of this action by the shipper.\nWe have paraphrased and answered your questions as follows:\nQ1. Does the HMR prohibit a carrier from modifying or correcting a shipping paper that has\nbeen certified by the shipper?\nA1. No. If a carrier determines that the shipping paper contains incorrect information and the\ncarrier has accepted the hazardous material for transportation, the shipping paper may be\nupdated with correct information. Either the carrier can make the correction at the\ninstruction of the shipper, or the shipper can update the shipping paper and send an\nelectronic copy for the carrier to print out.\nQ2. Must the shipment be held until the shipper provides corrected information to the carrier\nfor correction or reissued shipping papers?\n\n<<<PAGE 2>>>\n\nA2. Yes. A carrier may rely on information from the shipper or a prior carrier but, as provided\nin 49 CFR § 171.2(f), cannot transport hazardous materials in commerce knowing that\nthe information provided is incorrect.\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\n26-0019\nCasey, C.\nGood afternoon,\nPlease see the following request for a letter of interpretation. The request is for Mr. Leslie\nMilam who I have talked to. His daughter Kaytlynn submitted the request on his behalf\nbecause of issues with Leslie’s email. Let us know if you need anything else.\nBest,\nAminah\nFrom: kaytlynn milam <kaytlynnmilam@gmail.com>\nSent: Thursday, February 5, 2026 3:18 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of Interpretation Request\nHello,\nI am assisting my father, a CDL driver transporting hazardous materials, with a regulatory\ncompliance question.\nWe are seeking clarification regarding carrier responsibilities under 49 CFR § 171.2(f) and\nrelated sections.\nIn this specific situation, a shipper provided a hazardous materials shipping paper certified\nunder 49 CFR § 172.204 listing the packaging description as “pallet.” Carrier personnel\nbelieved this description was not compliant and, without contacting the shipper or obtaining\nrevised shipping papers or a new certification, unilaterally changed the packaging description\non the shipping paper to “drum.”\nOur question is:\nDoes the Hazardous Materials Regulations authorize a carrier to independently modify or\nrewrite a shipper-certified packaging description on a hazardous materials shipping paper?\nOr must the shipment be held until the offeror/shipper provides corrected information to the\ncarrier for correction or reissued shipping papers?\nThank you for your assistance,\nKaytlynn Milam\nPhone: 337-526-2254\nMailing: 7241 Foxtrot Drive, Orange, TX, 77632","truncated":false,"body_characters":3535}