The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed a question regarding Hazard Materials Regulations (“HMR”) applicable to shipping papers in a September 2nd guidance letter.
PHMSA was responding to a July 8th question from Superior Plus Propane (“SPP”).
SPP describes a scenario in which a shipping paper (UN1075, Liquified Petroleum Gas, 2.1) was used for multiple shipments. Further, SPP noted that the carrier retained a record of each shipment and described the material as “1075 Propane LPG.”
The question posed to PHMSA was whether the description of the hazardous material on the shipping paper and the record of shipment must match exactly.
PHMSA cites in response paragraph (e) in HMR § 172.201. This provision states:
A motor carrier (as defined in § 390.5 of subchapter B of chapter III of subtitle B) using a shipping paper without change for multiple shipments of one or more hazardous materials having the same shipping name and identification number may retain a single copy of the shipping paper, instead of a copy for each shipment made, if the carrier also retains a record of each shipment made, to include shipping name, identification number, quantity transported, and date of shipment.
PHMSA concludes that to comply with the above-referenced regulatory provision:
. . . proper shipping name and identification number on both the shipping paper and the record of each shipment must match.
PHMSA states that the document submitted by SPP (i.e., proper shipping names) do not match.
A copy of the letter can be downloaded here.
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