{"operation":"document","citation":"00-0109","title":"Mr. Todd Nash — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-05-30","effective_on":null,"summary":"00-0109 concerning 171.2.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0109.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0109.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0109","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000109.pdf","body":"<<<PAGE 1>>>\n\n..•\n400 Seventh Street. S.W.\nWashington, D.C.\n20590\nResearch and\nSpecial Programs\nAdministration\nMAY 3 0 2000\nMr. Todd Nash\nRef. No. 00-0109\n1715 Whispering Forest Drive, #307\nCharlotte, NC 28270\nDear Mr. Nash:\nThis is in reference to your April 11, 2000 letter and telephone conversation with Ms. Diane LaValle of\nmy staff concerning the responsibility of a carrier under the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). Specifically, you ask about the penalties associated with a common carrier who\npicks up a package for transportation by highway which is in violation of the HMR, transports it to a\ncentral processing facility where an audit at the carrier's facility reveals that a violation of the HMR\nexists. The carrier then transports the package back to the offeror without rectifying the violations.\nSection 171.2(a) states that no person may offer or accept a hazardous material for transportation\nunless the package conforms to the applicable regulations in the HMR. Generally, an offeror of the\nhazardous material must sign a certification statement as required by § 172.204(a). As stated in the\nenclosed formal interpretation published in the Federal Register on June 4, 1988, (63 ER 30411) a\ncarrier violates the HMR when the carrier accepts or transports a hazardous material with actual or\nconstructive knowledge that a package contains a hazardous material which has not been prepared in\naccordance with the applicable requirements of the HMR. The formal interpretation also clarifies\ncarrier responsibility and the issue of \"knowingly and willfully\" violating the HMR. A carrier may not\naccept or transport, including continuing to transport, a package which is not in compliance with the\nHMR.\nI hope this satisfies your request.\nSincerely,\nmuffilho\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\nEnclosure\n000109\n\n<<<PAGE 2>>>\n\n1715 Whispering Forest Drive, #307\nCharlotte, NC 28270\nApril 11, 2000\nU.S. Department of Transportation\nMs. Diane LaValle\n400 7\" Street, S.W.\nResearch & Special Programs Administration (DHM-10)\nWashington, DC 20590-0001\nRe: Shipper and Carrier Co-Responsibility\nDear Ms. LaValle:\nPer our telephone discussion today, I am requesting an official letter of interpretation from your office on\nthe following scenario.\nA shipper prepares a hazardous materials package for shipment via a common carrier. The common\ncarrier picks the package up at the shippers facility. The carrier proceeds to transport the package to a\ncentral processing facility where it is audited for compliance with the Hazardous Materials Regulations\n(HIMR; 49 CFR Parts 171-180). If a violation of the HMR is detected by the carriers auditors, the\npackage is rejected. The carrier then attaches a rejection checklist outlining the violations and transports\nthe package back to the shipper on the common carrier vehicles.\nAccording to §171.1(a)(1), the HMR apply to the offering and transportation of hazardous materials in\n§171.1(c) states that any person who knowingly violates a requirement of the HMR is liable for a civil\ninterstate, intrastate and foreign commerce by rail car, aircraft, motor vehicle, and vessel. Furthermore\npenalty of not more than $27,500 and not less than $250 for each violation. Any person who willfully\nviolates a provision of the Federal hazardous material transportation law or an order or regulation issued\nthereunder shall be fined under Title 18, United States Code, or imprisoned for not more than 5 years, or\nboth.\nTherefore, would it be correct to state that the common carrier in the scenario has joint responsibility with\nthe shipper to ensure the sate transportation of the hazardous materials package? It so, would it also be\ncorrect to state that the common carrier in the scenario is knowingly and willfully violating provisions of\nthe HMR? Does the carrier need to correct the violations prior to continuing transportation of the\npackage?\nI look forward to your response. Should you have any questions or require additional information, please\ndo not hesitate to contact me at (704) 844-9376.\nVery truly yours,\nGould A Mash\nTodd A. Nash\n.....","truncated":false,"body_characters":4175}