Diesel Fuel/Transportation: U.S.
Pipeline and Hazardous Materials
Safety Administration Clarifies
Hazardous Materials Regulations
Shipping Paper Requirements
Arkansas Environmental, Energy, and Water Law Blog
10/02/2015
Walter Wright
[email protected]
(501) 688.8839
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) responded in a
September 15th letter to a query from The Lane Construction Corporation (“Lane”) of Charlotte, North
Carolina addressing Hazardous Materials Regulations (“HMR”) question.
The three questions posed by the company requested clarification of shipping paper requirements under
the HMR.
Lane first asked whether a shipping paper must describe a shipment of diesel fuel in a cargo tank motor
vehicle showing the quantity transported in a specific unit of measurement such as gallons.
PHMSA responded in the negative noting that under § 172.202(a)(5)(iii)(A), the HMR allows the total
quantity of hazardous material transported in a bulk package to be described in the shipping paper by
indicating the number and type of bulk packages rather than an applicable unit of measurement.
Lane also asked whether a shipping paper must describe a shipment of diesel fuel in a cargo tank motor
vehicle and include a “log” of the quantity dispensed from a cargo tank.
PHMSA responded that there is no requirement under the HMR to include a “log” of the quantity
dispensed on the shipping paper used for multiple deliveries. The agency did note that if a driver picks up
additional quantities of hazardous material, which were not previously indicated on the shipping paper,
the additional quantities must be added if the total quantity on the vehicle exceeds that indicated on the
shipping papers. Using one shipping paper for multiple deliveries is an uncommon practice for transport
by cargo tank moto vehicle.
Finally, PHMSA was asked whether the shipping paper that Lane provides complies with the shipping
paper requirements found in Part 172, Subpart C – Shipping Papers.
PHMSA stated that the shipping paper satisfied the shipping paper requirements of the HMR. The agency
did however note:
… you may wish to consider making the emergency response telephone number information more
“prominent,” such as by highlighting, using a larger font or a font that is a different color from other text,
Arkansas - Texas - MitchellWilliamsLaw.com
or otherwise setting the information apart to provide for quick and easy recognition, as described in §
172.604. In addition, you may wish to modify the “Total Quantity” section of the shipping paper to read “
____ Cargo Tank(s)” instead of “_____ Tank(s)” since this is more descriptive of your scenario and the
exception referred to in § 172.202(a)(5)(iii)(A) specifically uses this language.
Click here to download a copy of the letter.
Arkansas - Texas - MitchellWilliamsLaw.com