Shipments of Hazardous Substances and Hazardous Wastes Interlinded Between Highway and Rail
Pipeline and Hazardous Materials Safety Administration · Aug 19, 1983 · Reference No. 83-0002
Interprets: 49 CFR § 172.205, 49 CFR § 174.24, 49 CFR § 177.817
This is in response to your letter dated July 19, 1983, concerning shipping papers for ORM-A, B, C and D materials that are hazardous substances or hazardous wastes, for shipments interlined between highway and rail carriers.
You are correct in your understanding that the intent of the regulations is for shipping papers to be carried for the highway portion of shipments of ORM-A, B, C and D materials which are also hazardous substances or hazardous wastes. We failed to amend the exception in 49 CFR 177.817(d) at the time we adopted regulations applicable to hazardous substances and wastes, but will do so in the near future. In the interim, it should be noted that Section 172.205 requires carriage of a hazardous waste manifest for hazardous wastes and Section 174.24 requires receipt of a shipping paper by a rail carrier before a shipment can be accepted. The pratical effect of these sections is to make it necessary for the highway carrier to carry shipping papers for ORM-A, B, C and D materials which are also hazardous substances or hazardous wastes.
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.