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Interpretation Response #09-0122

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 08-06-2009
Company Name: Mr. Bill Lewis    Individual Name: YRC Reimer
Country: CA

View the Interpretation Document

Response text:

August 6, 2009




Mr. Bill Lewis
Occupational Heath & Safety & Quality
YRC Reimer
1400 Inkster Blvd.
Winnipeg, Manitoba

Ref. No.: 09-0122

Dear Mr. Lewis:

This is in response to your May 13, 2009 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding authorization and conditions for use of international standards and regulations. Specifically, you ask for clarification of the requirement to provide timely and complete written information to forwarding agents at the place of entry into the United States for hazardous materials that are imported into the United States from Canada.

According to your letter, YRC Reimer, located in Canada, is a division of YRCW, which is based in the United States. Hazardous materials destined for the United States are loaded in accordance with Canada's Transport of Dangerous Goods Regulations (TDG Regulations). The hazardous materials shipments are then transported across the border into the United States.

Your questions are paraphrased and answered as follows:

Q1. Does the requirement to provide a shipper's certification effective May 4, 2009 apply to hazardous materials shipments originating in Canada?

A1. Yes. Prior to the publication of the final rule, HM-215F, published on May 3, 2007 (72 FR 25162), the requirement did not apply to shipments under Canada's Transport of Dangerous Goods Regulations (TDG Regulations).

Q2. Under § 171.22(f)(2), would YRC Reimer be considered the "initial U.S. carrier" for the purpose of maintaining the shipper's certification required by § 172.204?

A2. Yes. Although the term "initial U.S. carrier" is not defined in the HMR, as used in § 171.22(f)(2), it refers to the first carrier to transport a hazardous material shipment within the United States. Thus, YRC Reimer would be considered the initial U.S. carrier.

Q3. Is it permissible for a shipper to transfer a hazardous material shipment to the initial U.S. carrier without a shipper's certification on the shipping paper?

A3. No. The shipper, directly or through the forwarding agent at the place of entry, must provide the initial U.S. carrier with the shipper's certification required by §172.204. A person who knowingly violates the HMR is subject to penalty action.

Q4. What are the guidelines for HMR violations?

A4. Penalties for violations of the HMR are assessed on a case-by-case basis and depend on a number of factors, including the nature, circumstances, extent, and gravity of the violation. Enforcement procedures and civil penalty guidelines are set forth in 49 CFR Part 107, Subpart D.

I hope this information is helpful. Please contact us if you require additional assistance.


Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards

171.22, 172.204

Regulation Sections

Section Subject
§ 172.204 Shipper's certification