PHMSA letter of interpretation

Shipping Paper Procedures

Pipeline and Hazardous Materials Safety Administration · Jul 18, 1979 · Reference No. 79-0002

PHMSA says to use caution with this letter.

Interprets: 49 CFR § 171.202, 49 CFR § 171.203, 49 CFR § 172.101, 49 CFR § 172.204

This is in response to your letter of May 30, 1979, concerning proposed shipping paper procedures for shipments of hazardous materials.

It is my understanding that 3M will offer full trailerload shipments, composed of consolidated small lots of hazardous materials, to a line haul carrier (motor freight or rail TOFC) for transportation from St. Paul to New York City. The trailerload will then be broken down in the New York area for distribution to individual customers by o delivering motor carrier (pool-truck distributor). If this understanding is correct, you should note that the consignees for this movement are your individual customers rather than the local delivering carrier as indicated in your letter.

With respect to shipping paper requirements, a carrier may not accept a shipment for transportation unless he has received a shipping paper prepared in accordance with Sections 172.101, 171.202, and 171.203 of 49 CFR. In addition, an originating carrier, which in your situation would appear to be the line haul carrier, must have shipper's certification on the shipping paper in accordance with section 172.204. A shipping paper must accompany the movement of the hazardous material shipment. This applies to movement by both the line haul carrier and delivering carrier. The delivering carrier's shipping paper need not contain a shipper's certification since he is not the originating carrier in this instance, but the paper must be in "hard copy" form.

With regard to your questions, information stored ona computer tape file does not satisfy shipping paper requirements. The information required by the regulations must be placed on a "hard copy" shipping paper and must accompany the movement of hazardous material. As noted in the previous paragraph, in the situation you describe a shipper's certification should not be required on the delivering motor carrier's shipping paper.

I trust this satisfies your inquiry. If we can be of further assistance, please contact us.

A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.