# AT & T Inc. — Hazardous Materials Safety Interpretation

**Citation:** 12-0015  
**Type / status:** guidance / guidance  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2012-02-13

12-0015 response to AT & T Inc. concerning 171.8.

## Document text

<<<PAGE 1>>>

u.s. Department 1200 New Jersey Avenue SE
of Transportation Washington. DC 20590
Pipeline and Hazardous
Materials Safety
Administration
FEB 13 2012
Mr. Jim La Porte
AT &T Inc.
1670 Axtell
Troy, MI 48084
Ref. No. 12-0015
Dear Mr. La Porte:
This is in response to your email regarding the shippers's certification prescribed in
§ 172.204 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Specifically, you present the following scenario and ask whether it is prohibited for your
company AT & T to hire a third-party contractor to offer a hazardous material under the
HMR.
According to your letter, AT & T contracts with Company X to remove and ship
compressed gas cylinders classified as a hazardous material. Company X will use its own
personnel to prepare hazardous materials shipments in accordance with the applicable
requirements of the HMR. In such cases, Company X, on AT & T's behalf, signs the
shipper's certification on the shipping paper. It is your understanding that the HMR does
not prohibit hiring a third party contractor to prepare, package and transport materials in
accordance with the applicable requirements to the HMR.
Your understanding is correct. At your company's direction or through contractual
arrangement, a third party may perform the functions of an offeror (shipper), such as
signing the certification statement on a shipping paper to certify that hazardous materials
are being offered for transportation in accordance with the HMR. Under the HMR, any
person performing functions of an offeror, as defined in § 171.8, must take responsibility
for performing those functions in accordance with the applicable requirements. Each
person who performs a function governed by the HMR is responsible for complying with
the appropriate requirements of the HMR.

<<<PAGE 2>>>

It should be noted that because Company X in your scenario is acting as an agent of AT &
T, AT & T may be held responsible for Company X's non-compliance with the HMR. The
degree of regulatory liability is usually determined on a case-by-case basis, and is
dependent on the facts of the specific situation.
I hope this information is helpful. Please contact us if you require additional assistance
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

<<<PAGE 3>>>

1)ened ',c;IC§
11.5·22
Drakeford, Carolyn (PHMSA) ~ fir . I
From: Mcintyre, Joan (PHMSA) g 173· ~()I
Sent: Wednesday, January 11, 2012 3:54 PM
To: Drakeford, Carolyn (PHMSA) ~'fP-er'.s. l<t!!spo""(V5;b:/,tJ
Subject: RE: DOT Question IZ -DO 16
-----Original Message----From:
McIntyre, Joan (PHMSA)
Sent: Wednesday, January 11, 2012 3:23 PM
To: 'LA PORTE, JAMES J'
Subject: RE: DOT Question
Mr. LaPorte,
I have passed this on to our interp letter coordinator, Carolyn Drakeford, for assignment for
a written reply.
Joan McIntyre
-----Original Message----From:
LA PORTE, JAMES J [mailto:jI7454@att.com]
Sent: Wednesday, January 11, 2012 9:59 AM
To: McIntyre, Joan (PHMSA)
Subject: Re: DOT Question
Joan,
Hello! Here is another question that I need a written reply for.
We are contemplating a process for removal of small amount of compressed gas cylinders
through a pail system where a pail/container is sent to our location and a vendor picks it
up when it is full. These will be going out on a DOT hazardous materials bill of lading and
will carry a DOT label.
The transporter has agreed to act as our agent and prepare and sign the bill of lading on
behalf of our company and to assure that the package is suitable for transport (i.e. labels).
They have agreed to perform HAZAMAT training for their employees. My understanding is that
the rules do not prohibit hiring a third party contractor to prepare, package} and transport
materials. The company would have a duty to ensure that the waste hauler has the right
training and follows the rules and abide by the contract.
Is this interpretation correct. Can the person picking up these containers act as an agent
for the company an sign the shipping papers on our behalf and make sure the package is OK for
shipment (i.e. labeled properly) prior to transport. I did find a similar interpretation
(PHMSA Interpretation #04-0183)
Regards,
Jim La Porte
1
I

## Provenance

- Official: Yes
- Source: <https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120015.pdf>
- Source ID: `phmsa`
- SHA-256: `b5f35a8d423bf413323e11afac2cd6a1aad85f250594793b2c2c76dde5309b43`
- Retrieved: 2026-08-20T00:59:31.977Z
- Exported: 2026-08-22T22:29:07.152Z
- Document slug: `phmsa-interpretation-12-0015`

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