{"operation":"document","citation":"04-0183","title":"Raytheon Aircraft Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-10-26","effective_on":null,"summary":"04-0183 response to Raytheon Aircraft Company concerning 172.204, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0183.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0183.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0183","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040183.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nOCT 26 2004\nMs. Karen L. Baxter\nRef. No. 04-0183\nHazardous Materials Regulatory\nCompliance Engineer\n9709 E. Central\nWichita, KS 67206\nDear Ms. Baxter:\nThis is in response to your letter dated August 12, 2004, regarding the shippers's certification\nprescribed in § 172.204 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you present the following scenario and asked whether Raytheon Aircraft Company\n(Raytheon) would be liable should there be penalties involved with non-compliance under the\nHMR.\nAccording to your letter, Raytheon contracts with Company X to inventory and ship hazardous\nmaterials. In some cases, Company X will use its personnel to prepare hazardous materials\nshipments. In such cases, Company X, on Raytheon's behalf, signs the shipper's certification on\nthe shipping paper.\nAt your company's direction or through contractual arrangement, a third party may perform the\nto certify that hazardous materials are being offered for transportation in accordance with the\nfunctions of an offeror (shipper), such as signing the certification statement on a shipping paper\nHMR. Under the HMR, any person performing functions of an offeror must take responsibility\nfor performing those functions in accordance with the applicable rules. Each person who\nperforms a function governed by the HMR is responsible for complying with the appropriate\nrequirements of the HMR.\nNote that, because Company X in this situation is acting as an agent of Raytheon, Raytheon may\nbe held responsible for Company X's non-compliance with the HMR. The degree of regulatory\nliability is usually determined on a case-by-case basis, and is dependent on the facts of the\nspecific situation.\nI hope this information is helpful. Please contact us if you require additional assistance\nOffice of Hazardous Materials Standards\n172.204\n040183\n173.22\n\n<<<PAGE 2>>>\n\nAu8-12-04\"\n09:33 am\nFrom-Raytheon Aircraft\n+316 676 6127\nT-265\nP. 001/001 F-357\nRelerford\n3/72.201\nRaytheon Aircraft\n$173.22\nShippingPapers,\n/Shipperes\nFROM:\nKaren L. Baxter\nResponsibilit\nFazardous Material Regulatory Compliance Engineer\n9709 E. Central\n04-0183\nWichita, K$ 67206\n172.702\nPhone: (316) 676-7742\nFax: (316) 676-6127\nEmail: karen_baxter@rac.ray.com\nDate: 08/12/2004\nFAX COVER SHEET\nTO: Mr. Edward IT. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/RSPA (DHM-10)\n400 7\" Street S. W.\nWashington, D.C. 20590-0001\nFax: (202)366-3012\nRequest for formal interpretation:\nRaytheon Aircraft Company is contracting other companies to inventory and\nship all classes of hazardous materials. In some cases Raytheon Aircraft\nCompany would own the inventory. If the company Raytheon Aircraft\nCompany contracts to ship the hazardous materials uses the contracting\ncompany personnel to prepare the materials for shipment and sign the\nshipper's certification, will Raytheon Aircraft Company be in any way liable\nshould there be penalties involved with non compliance to 49 CFR parts 171\nhrough 180? The contracting company would be shipping on a Shipper'\nDeclaration or Bill of Ladling with the Raytheon Aircraft Company's log\nand for export shipments Raytheon Aircraft Company would be the \"exporter\nof record\".\nThanking you in advance for your formal interpretation of this subject.\nKaren S. Bert","truncated":false,"body_characters":3430}