{"operation":"document","citation":"98-0276","title":"Special Police Officer — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-04-08","effective_on":null,"summary":"98-0276 response to Special Police Officer concerning 172.201.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0276.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0276.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0276","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980276.pdf","body":"<<<PAGE 1>>>\n\n1L-20/\nU.S. Department\n400 Seventh Street, S.W.\nof Transportation\nResearch and\nAPR 8 1999\nWashington, D.C.\n20590\nSpecial Programs\nAdministration\nMr. Mel vonSoosten\nRef. No. 98-0276\nTransportation Compliance Specialist\nSpecial Police Officer\n4685 Rosebud Street\nCocoa, Florida 32927\nDear Mr. VonSoosten:\nThis is in response to your letter dated September 4, 1998,\nregarding the proper description of hazardous materials on\nshipping paper and the emergency response information required\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180). Specifically, you submitted nine shipping paper exhibits\nand\none emergency response exhibit prepared by your clients for\nour review.\nUnder S$ 172.200 (a) and 173.22 (a) (1), it is the shipper's\nresponsibility to properly describe\na hazardous material on a\nshipping paper. Routine compliance reviews of shipping papers\nare not normally conducted by this office. Mr. Michael Stevens\nof my staff identified several entries to you as in error.\nWithout referring to each\ndocument individually, we offer the\nfollowing observations:\ndefinition in 49 CFR 171.8 of a hazardous material.\nThe HMR do not apply to a material not meeting the\nThe requirements for describing hazardous materials on a\nshipping paper are specified in Part 172, Subpart C, of the\nHazardous materials must be clearly identified when\ndescribed on a shipping paper with materials not subject to\nthe HMR.\nAll required information must be legible as\nprescribed in § 172.201.\nA hazardous material must be described using a proper\nshipping name, hazard class, identification number, and\npacking group, as shown in the § 172.101 Hazardous Materials\nTable (HMT) •\nA shipping paper must include the basic\ndescription, in proper sequence, as required in\n§ 172.202 (a) and (b). Any additional information required\nby § 172.203 must be placed after the basic description,\nunless otherwise permitted. The type of packaging, quantity\nshipped, and destination marks are the only entries\npermitted to precede the basic description and may be\n980276\n\n<<<PAGE 2>>>\n\nrepeated after the basic description.\nA shipper's\ncertification statement must appear on the shipping paper as\nrequired by § 172.204.\n4.\nShipping papers in columnar form may have an \"HM\"\ncolumn, quantity or type of packaging, e.g., 10 steel drums,\nentered before the required basic description. Other\ncolumns, e.g. product code, must follow the basic\ndescription information.\n5.\nThe required shipping description may not contain any\ncode or abbreviation, unless specifically authorized.\n6.\nThe requirements for specific content, providing, and\nmaintaining emergency response information\nare specified in\nPart 172, Subpart G, of the HMR.\nThe emergency response\nexhibit submitted appears to contain all of the required\ninformation specified in § 172.602 (a), however, the basic\ndescription and, if applicable, technical name for the\nmaterial being transported must also be shown on the\ndocument as specified in $ 172.602 (b) (3) (iii).\n7. A copy of 49 CFR Parts 100-185 may be ordered from a\nGovernment Printing Office bookstore.\nThe volume can also\nbe accessed on the internet at website\n\"www.access.gpo.gov/nara/cfr/cfr-retrieve\".\nWe trust this satisfies your request. Please contact us if we\ncan be of more assistance.\nSincerely,\nRegulatory Review and Reinvention\nHattie I. Mitchell, Chief\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nStevens\n4685 Rosebud Street\n§ 172.201\nCocoa, Florida 32927\nSeptember 4,1998\n98-0276\nMr. Edward M. Mazzulo\nDirector of HazMat Standards\nU.S. DEPARTMENT OF TRANSPORTATION\nRSPA - DHM-10\n400 7th Street SW\nWashington, District of Columbia 20590-0001\nDear Mr. Mazzulo:\nThis is to request an interpretation of the shipping papers as required 172.201.\nAttached are copies of bills of lading or pickup orders which are identified as Exhibits\n200831, 200144; 201295, 200808, 200827, 200811, 201295, 201226, and 200813\ninvolving orange oil and flavoring extract/flammable liquids.\nQuestions come to light as to compliance. My responsibilities to motor carrier clients is\nto provide a service of managing their compliance efforts. Shippers have much to do\nwith this ongoing effort - in that consistency is not always the normal course in shipping\npapers given to drivers who subsequently turn in their paperwork to their motor carriers.\nThe carrier is contracted with Chem-Tel, and HazMat Authority and registration are in\n• place with qualified drivers. Shipments are generally intrastate Florida (a few interstate)\nand often not over one hundred miles.\nMy request, for client and my own information, is for each exhibit to be studied and a\nletter of explanation from the Director's Office outlining, in brief, what is and what is not\nin compliance on these random exhibits.\nMy client is very aware of compliance needs and sincerely desires to operate within the\nregulations of the U. S. Department of Transportation and all other law enforcement\nagencies. I have assured my client that the USDOT has the carriers' best interests in\nmind and will provide the clarification of the attached exhibits with appropriate\nclarification so that we will be able to approach our shippers and obtain positive results.\nWith sincerely best regards...\nMel von Sooster-\nTransportation Compliande Specialist\nSpecial Policer Officer\n(FPSC - Inspector - FMR)","truncated":false,"body_characters":5359}