{"operation":"document","citation":"04-0021","title":"Air Products and Chemicals, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-04-19","effective_on":null,"summary":"04-0021 response to Air Products and Chemicals, Inc concerning 172.204.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040021.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh St., S.W.\nResearch and\nSpecial Programs\nAPR 19 2004\nAdministration\nMr. Richard J. Lloyd\nRef. No.:04-0021\n7201 Hamilton Boulevard\nAir Products and Chemicals, Inc.\nAllentown, PA 18195-1501\nDear Mr. Lloyd:\nregarding the shippers's certification prescribed in 49 CFR 172.204 of the Hazardous Materials\nThis responds to your letter of February 11, 2004, and your follow-up letter of March 30, 2004,\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you asked whether, on your company's\nbehalf, a third-party carrier could perform the shipper's certification function on the shipping\npaper for the pick-up and transportation of hazardous materials containers being returned to your\ncompany's plant.\nYou have customers whose primary business does not involve hazardous materials and,\nconsequently, they will not issue or prepare shipping papers for the return shipment of empty\ncontainers with a residue of a hazardous material. Your company would supply the third-party\nresidue are inspected by the driver and found to be in compliance, the carrier would sign the\ncarrier you use for pick-up with an unsigned shipping paper. Once the empty containers with\nshipping paper certifying the material is offered for transportation in compliance with the HMR.\nYou asked for confirmation that your understanding is correct that a third-party carrier may\nperform the shipper's certification function.\nYour understanding is correct. At your company's direction or through contractual arrangement,\na third-party carrier may perform the functions of the offeror (shipper), such as signing the\ncertification statement on a shipping paper to certify that an empty container with the residue of a\nhazardous material is being offered for transportation in accordance with the HMR. Under the\nHMR, any person performing functions of an offeror must take responsibility for performing\nthose functions in compliance with the applicable rules.\nI hope this satisfy your inquiry. If we can be of further assistance, please contact us.\nSincerely,\n040021\n§.172.204 (a)\n\n<<<PAGE 2>>>\n\nPRODUES L\nAR\n7201 Hamilton Boulevard\nAir Products and Chemicals, Inc.\nTel 610 481-4911\nAllentown, PA 18195-1501\nEngrum.\n3172.204 (a)\n11 February 2004\nShipping Papers\n04-0021\nMr. Edward Mazzullo\nU.S. Department of Transportation\nOffice of Hazardous Materials Standards DHM - 10\nResearch and Special Programs Administration\n400 Seventh Street, S. W.\nWashington, D. C. 20590\nDear Mr. Mazzullo:\nRe: Interpretation 49 CFR 172.204 (a) Shipper's Certification\nRecently, we called the Hazardous Materials Information Center for an interpretation of the\nShipper's Certification requirements specified in 49 CFR 172.204 (a). Specifically, we asked if\nfunction on our behalf for the pickup of hazardous materials containers being returned to our\nour company could authorize a third-party carrier to perform the shipper's certification offer's\nshipper's certification provided the person was properly trained in the Hazardous Materials\nplant. The Information Center representative advised us that a third-party carrier could sign the\nRegulations.\nWe have some customers whose primary business does not involve hazardous materials and,\nresidue material remaining in the container. Our nearest plant may be located a significant\nconsequently, will not issue shipping papers for the return shipment of empty containers with\ndistance from the customer and it is not practical to send a person from our plant to the\ncustomer's facility to sign the shipper's certification for the return shipment of the residue\ncontainers. Instead, we propose to provide the third-party carrier that we use for the pickup with\nPlease confirm that our understanding of your interpretation of the Shipper's Certification\nrequirements is correct allowing us to use a third-party carrier for the certification function.\nSincerely,\nManager Regulatory Compliance\nRichard J. Lloyd\nRjl1036","truncated":false,"body_characters":3988}