{"operation":"document","citation":"04-0217","title":"N & M Transfer Co., Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-11-24","effective_on":null,"summary":"04-0217 response to N & M Transfer Co., Inc concerning 177.854.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0217.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0217.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0217","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040217.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch ancl\nSpecial Programs\nAdministration\nNOV 24 2015\nMr. Greg Born\nRef. No.: 04-0217\nSafety Assistant\nN & M Transfer Co., Inc.\n630 Muttart Road\nNeenah, WI 54956\nDear Mr. Born:\nThis is in response to your letter dated July 19, 2004 requesting clarification of the packaging\nrequirements found in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask if a consignee may refuse to accept a shipment of hazardous material\nthat shows evidence of leakage during transportation.\nThe answer is yes. A consignee may refuse to accept a shipment of hazardous material that\nshows evidence of leakage during transportation. In that case, it is the carrier's responsibility\nto safely repair, overpack, store or dispose of a leaking or damaged hazardous material\npackage in accordance with §§ 177.854(b) and 173.3(c).\nAlso note that the person in physical possession of a leaking hazardous material package at\nthe time it is discovered in transportation must submit a Hazardous Materials Incident Report\nwithin 30 days of the discovery of the incident (§ 173.16).\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely.\nDest\nChief, Standards Development\nOffice of Hazardous Materials Standards\n177:854(e)\n040217\n\n<<<PAGE 2>>>\n\nDHM-10\nOn time. We quarantee it.\nTRANSFER CO., INC.\nEicheblamb\nJuly 19th\n, 2004\n$177.854 (e)\n04\nApphcability\nRECEIV\nOffice of the Chief Counsel\nResearch and Special Programs Administration\n04 - 0217\n400 Seventh Street, SW\nRoom 8407\nWashington, DC 20590\n(202) 366-4400\nDear RSPA:\nCan 177.854(e) be enforced on a consignee when it is discovered that the hazardous material\npackaging being delivered to them indicates evidence of leakage? In other words, by referring to\nthis regulatin, can a motor carrier force a consignee to accept hazardous material packaging\neven though there is evidence of leakage (e.g. residue around vent caps)? Doesn't a consignee\nwho refuses packaging under these conditions force a motor carrier to increase the health risks to\nthe general public when the packaging is forced to continue in transport?\nWe recently had an incident in, which this occurred. We were willing to pick up the hazardous\npackaging the next day when we could return with metal overpack containers to reduce or\nminimize any further chances of spills during transport. This customer still would not accept our\nrequest. This consignee has a policy that the entire shipment will be refused whenever there are\nany sings (no matter how minor) of leakage on hazardous material packaging. My company was\nadvised that the consignee's attorney told them they have the right to refuse any shipment,\nregardless if it is or is not hazardous.\nAny input you could provide would be appreciated.\nSincerely,\nN &M Frar sfer Co., Inc.\nSafety Assistant\nGreg Born\n630 Muttart Road • Neenah, WI 54956 • 920-722-7760 • 800-236-4463 • 920-722-t285 Fax • www.nmtransfer.com","truncated":false,"body_characters":3037}