PHMSA letter of interpretation

Shipping Papers Without a Certification

Pipeline and Hazardous Materials Safety Administration · Oct 2, 1985 · Reference No. 85-0002

PHMSA says to use caution with this letter.

Interprets: 49 CFR § 172.201, 49 CFR § 172.202, 49 CFR § 172.203, 49 CFR § 172.204, 49 CFR § 177.817

This is in response to your letter dated September 13, 1985, which requested an interpretation of 49 CFR 177.817. Specifically, you asked whether a carrier is authorized to carry shipping papers on a vehicle transporting hazardous materials that do not contain the shipper's certification, as required by 49 CFR 172.204.

A carrier may not accept a shipment for transportation unless he has received a shipping paper prepared in accordance with 49 CFR 172.201, 172.202, and 172.203. The originating carrier must be provided a shipping paper which contains the shipper's certification required by 49 CFR 172.204. The shipping paper with the certification does not have to accompany the shipment. It can be filed by the originating carrier. Carriers may generate or accept duplicate shipping papers which do not contain the required certification, however, a shipping paper must accompany all shipments. In accordance with provisions of 49 CFR 177.817, the shipper's certification is only required to be shown on the shipping paper provided to the originating carrier.

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.