{"operation":"document","citation":"98-0411","title":"Farmland Industries, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-05-29","effective_on":null,"summary":"98-0411 response to Farmland Industries, Inc. concerning 172.204.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0411.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0411.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0411","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980411.pdf","body":"<<<PAGE 1>>>\n\nU.S.Department\nof Transportation\nWashington, D C.\n400 Seventh Street, S.W\n20590\nSpecial Programs\nResearch and\nAdministration\nMAY 29 1998\nMr. Jack Curry\nManager, Safety/Hazardous Materials\nP.O. Box 7305\nFarmland Industries, Inc.\nKansas City, MO 64114-0005\nDear Mr. Curry:\nThis is in response to your letter of March 13, 1998, concerning clarifications of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your first question\nconcerns the requirement for a shipper's certification for a shipment that was shipped to the\nwrong location and had a new shipping paper assigned to it. Your second question concerned\nwhether it is permissible to continue to include a \"placarded\" notation on your shipping\npapers even though it is not required.\nIn response to your first question, when a shipment is offered for transportation and a\nshipping paper is required, you are subject to § 172.204 which requires a shipper's\ncertification unless excepted in § 172.204(b). Since you created a new shipping paper for the\nshipment, it must include a signed certification statement.\nIn response to your second question, you may include a \"placarded\" notation on your shipping\npaper even though the HIMR do not require you to do so. As provided in § 172.201(a)(4),\nadditional information may be included on a shipping paper after the basic description\nI hope this answers your questions.\ncontact us.\nIf we can be of further assistance, do not hesitate to\nSincerely,\n•\nNelo\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n--\n- ••\n-\nFarmland\n172.204\narmland Industries, Inc\nAali.\n224,210\nost Office Box 730:\ns0:\nMr. Alan Roberts\nMarch 13, 1998\nResearch and Special Programs Administration\nUS Department of Transportation\n400 S. W. Seventh Street\nWashington, DC 20590-0001\nDear Mr. Roberts:\nI recently received an internal audit of bills of lading from the Burlington Northern\nRailroad in which they took exception to some issues, which I question.\nOne of the issues or to use their language exception which they found dealt with the need\nfor a shipper certification 172.204 on a \"rebilled\" rail car of ammonia. The car was\nshipped originally destined for one location. Upon arrival at that location, it was\ndetermined that the car needed to be relocated to another location. The car, at that point\nwas rebilled. My question is regarding the need for a shipper certification on this type\nmovement. Is a shipper certification required on movement of a hazardous materials\nshipment once it has passed it's original intended destination?\nThe audit committee, also took exception to the fact that Farmland has elected to\ncontinue to place a Placarded notation on our bills of lading. We are fully aware that the\nrequirement no longer exits in the regulation. It was decided that Farmland would\ncontinue to place this information on the bills. As long as that information appears\nfollowing any basic description, is there a problem with the display of a placarded\nstatement?\nConsidering the number of problems that BNSF as well as all the other railroads are\nhaving with service complaints, I find it interesting that they have the time or take the\ntrouble to question a shipper regarding the above requested information. Regardless, I\nlook forward to your response, in order to draft response to BNSF.\nSincerely,\nfork hung\nJack Curry, Manager\nSafety/Hazardous Materials","truncated":false,"body_characters":3425}