{"operation":"document","citation":"98-0410","title":"United Parcel Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-01-21","effective_on":null,"summary":"98-0410 response to United Parcel Services concerning 175.30.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0410.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0410.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0410","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980410.pdf","body":"<<<PAGE 1>>>\n\n•.\n-\n•\nU.S. Department\nof Transportation\n400 Seventh Street, SW\nResearch and\nWashington, D.C.\n20590\nAdministration\nSpecial Programs\nJAN 2 | 1998\nMI. Samuel S. Elkind\nAir Dangerous Goods\nUnited Parcel Services\nLouisville, Kentucky 40223\n1400 North Hurstbourne Pkwy\nDear Mr. Elkind:\nMrs. Beth Romo of the Federal Aviation\nI'nis is in response to your December 8, 1997 letter to\nAdministration's\nto 332*\nDangerous Goods/Cargo Security Program concerning the\ncertification for UPS hazardous materials shipments\ndistribution of shipping papers with a signed shipper's\ntransported by air. Your letter has been forwarded to this\nOffice for reply.\nIn your letter, you described\nthe following scenario:\npaper with the signed shipper certification is\nThe UPS eight-ply hazardous materials shipping\nthe original acceptance location, and subsequent\naffixed to a package, the top copy is removed at\ncopies are removed as the package moves through\nthe UPS system.\naccompany the\nshipment, if all other copies of the\nExcept for the copy required to\noriginal paperwork are\n\"replacement\" shipping paper is generated, on\ndistributed, a\nwhich all relevant descriptive information is re-\ncopied, with the exception of the certifying\nsignature. In lieu of the signature, the phrase\n\"Signature on File\" is entered, since the original\nacceptance location possesses the recuired file\ncopy. The \"replacement\" paper is then affixed to\nthe package in such a way that the last copy of\nThis method ensures that the certification is in\nthe original shipping document remains unobscured.\nboth required locations - the acceptance point and\naccompanying the shipment.\nYou further explained that, to deliver shipments destined\nfor extended areas of Alaska,\nindirect air carrier to interline these shipments with air\nyou utilize the services of an\ncarriers flying into remote locations.\ncarrier you use has traditionally requested and received\nThe indirect air\ncopies of each shipping document with the original\ncertification to provide the air carriers.\nYou asked if\n\n<<<PAGE 2>>>\n\n-\nthis movement is considered to be a conventional interline\nmovement with UPS Airlines serving as the originating\naircraft operator.\nche signed shipper's certification in the origin files and\nII so, you believe that the presence of\nPart 175 of\non the package would satisiy all requirements specified in\nParts 171-180) •\nthe Hazardous Materials Regulations (HMR; 49 CFR\nYour understanding is correct.\ndescribed and certified shipping paper must be retained by\nOne copy of a properly\nUPS as the originating aixcraft operator and one copy must\naccompany the shipment during transport by air (see 49 CFR\n175.30 (a) (2) and\nprocedures described\n175.35 (a), respectively). The UPS\nsatisfy these requirements.\nOffice if we can be of further assistance.\nI hope this information is helpful. Please contact this\nSincerely,\n97. Magice\nDirector, Office of Hazardous\nMazzu]\nMaterials Standards\n:\ninstint\n\n<<<PAGE 3>>>\n\n=\nMemorandum\nof Transportation\nU.S. Department\nFAA\nLaValle\nFederal Aviation\nFile 175.30()(2)\nAdministration\n412,\nsi.\nSubject: ACTION: Letter of Clarification\nDate: December 22, 1997\nFrom: FAA Dangerous Goods and Cargo Security\nReply to\nProgram, ACO-800\nAttn. of: B. Romo: 202-267-3207\nTo:\nEdward T. Mazzullo, Director\nOffice of Hazardous Materials Standards\nI am forwarding a request for a letter of clarification from Mr Sam Elkind of UPS\nAirlines to Mrs. Beth Romo of my staff concerning the applicability of 49 CFR\n175.30(a)(2) to the distribution of certified shipping papers for hazardous\nmaterials shipments transported by air. For your convenience, I also am\nattaching a draft response prepared by Mrs. Romo. I appreciate your attention\nto this matter.\nChail Kore t\nCharles Lovinski\nAttachments\n\n<<<PAGE 4>>>\n\nUps\nUnited Parcel Service 1400 Merth Hurstkourne Pray. Louculle, KY 40223\n(502) 329-3000\nDecember 8, 1997\nMs. Beth Romo\nDangerous Goods/Cargo Security Program\nFederal Aviation Administration - ACÕ-800\n800 Independence Avenue, SW\n•\nWashington, D.C. 20591\nRe: Shipper's Certification Requirements for Certain Air Shipments\nDear Ms. Romo:\nI write to follow up our conversation of December 5, about the exact requirements regarding the\nneed for a shipper's certification in addition to a shipping paper for UPS hazardous materials\nshipments transported by air. As I explained to you, there is a combination of circumstances that\nhas led to a delay in our ability to service our customers who ship to destinations in extended\nareas of Alaska, and we believe the solution to this problem lies in the interpretation of 49 CFR\n175.30(a)(2) and 175.35(a) in relation to these shipments. Please let me review the background\nnecessary to understand the problem.\nAs you know, our air hazardous materials shipping paper consists of a self-adhesive document of\neight plies, which is affixed to a hazardous materials package (sample enclosed). At each node in\nthe system, including the original acceptance location, the top copy of the shipping paper is\nremoved. At acceptance, one copy is filed as required by the regulations. Successive copies are\nused to fulfill shipping paper requirements for drivers of vehicles, or to help provide notification\nto the pilot-in-command of UPS flights, depending on how the shipment will travel in its next leg.\nIt has been our experience, however, that as packages move through the UPS system, some\nshipments can run out of copies of the paperwork, and this is at the heart of my question\nregarding our shipments to extended Alaska. When shipments in the UPS system exhaust the\ncopies of the original paperwork, we create a \"replacement\" shipping paper, on which all the\nrelevant descriptive information is re-copied, with the exception of the signature. In the\n\"signature\" field, the phrase \"Signature on File\" is entered, since the acceptance location\npossesses the required file copy. The \"replacement\" paper is then affixed to the package so that\nthe original certification remains unobscured. In this way, we ensure that the certification is in the\nlocations required: the acceptance point ($175.30(a)(2)); and with the shipment (§175.35(a)).\n000\n\n<<<PAGE 5>>>\n\n• .;\nMs. Beth Romo\nDecember 8, 1997\nPage 2\n!\nWith respect to the shipments destined to extended Alaska, the question arises whether this\n\"replacement\" shipping paper may be used to complete the delivery. It is our business practice to\nutilize the services of an indirect air carrier, Lynden Air Freight, to interline the packages with\nappropriate air carriers flying into the extended areas of Alaska. Up until now, Lynden has\nrequested copies of the shipping paper with the original certification to provide to their air\ncarriers, and our Anchorage operations have sought to fulfill that request by contacting the origin\ncenter and requesting a telefax copy of the origin copy. However, this step delays the delivery of\nthe packages, which means that we do not make the committed service on the packages.\nFor this reason, I posed the question to you whether the movement of these packages from UPS\nto Lynden to other air carriers could be viewed as a more conventional \"interline\" move, such as\nis obviously conceived of in the language of §175.30(a)(2): \"The originating aircraft operator\nmust retain one copy of the shipping paper for 90 days\" [emphasis added]. Naturally, if this\nmovement is indeed a conventional interline movement, then UPS Airlines would be the\noriginating aircraft operator and the presence of the signed shipper's certification in the origin files\nand on the packages would fulfill all the requirements relating to the shipper's certification for this\ntype of movement.\nIn our discussion, you indicated that it was your preliminary opinion, and that of one FAA\nRegional Hazardous Materials Coordinator, that UPS would not be required by regulation to\nfurnish shipping paper that includes a signed shipper's certification to either Lynden or the\nonward air carriers for shipments destined into Alaska. I would be grateful if you could confirm\nthat opinion in writing at your earliest convenience, as our present method of processing these\nshipments is creating service delays preventing us from fulfilling the customers' desires for\nexpress deliveries.\nIf you wish to discuss this problem any further, please feel free to contact me at (502) 359-1891.\nI look forward to your reply.\nSincerely,\nlannel 8.206-0\nSamuel S. Elkind\nAir Dangerous Goods","truncated":false,"body_characters":8445}