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Comments on Recently Issued U.S. DOT Letters of Interpretation
By Frits Wybenga, Senior Technical Advisor

Who is the Initial U.S Carrier?
§§171.22, 172.204

In PHMSA interpretation 08-0301 issued to APL, Americas Region, PHMSA seeks to clarify the meaning of revised import responsibilities contained in HM-215I, in particular who is the initial US carrier in §171.22(f)(2) which states:

“(2) After May 4, 2009, 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 of this subchapter, unless the shipment is otherwise excepted from the certification requirement. Except for shipments for which the certification requirement does not apply, a carrier may not accept a hazardous material for transportation unless provided a shipper's certification.”

Interestingly, even though PHMSA phased in the implementation of this requirement, a similar provision existed in the former §171.12(a) identifying importers responsibilities.  That requirement, in part, required:

“The shipper, directly or through the forwarding agent at the port of entry, shall provide the initial carrier in the United States the certificate of compliance required by §172.204 of this subchapter.  The carrier may not accept the material for transportation unless the required certification is required.”
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