{"operation":"document","citation":"05-0236","title":"Fisher Scientific International — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-10-28","effective_on":null,"summary":"05-0236 response to Fisher Scientific International concerning 171.2.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0236.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0236.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0236","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050236.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nHazardous Materials Safety\nPipeline and\nAdministration\nocT 28. 2005\nMr. John G. Mayfield, DGSA\nRef. No: 05-0236\nFisher Scientific International\nManager, Dangerous Goods Transportation\n2000 Park Lane\nPittsburgh, PA 15275-1126\nDear Mr. Mayfield:\nThis is in response to your September 29, 2005, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) for the transportation of hazardous\nmaterials by more that one offeror as amended by Docket HM-223A (July 28, 2005). Your\nquestions are paraphrased and answered below.\nQ1: May there be more than one offeror for a shipment of hazardous materials? May each\nofferor rely on information provided by another offeror?\nAl: The answer is yes. For purposes of the HMR, an offeror is any person who: (1) performs,\nor is responsible for performing, any pre-transportation function required under the HMR for\ntransportation of a hazardous material in commerce; or (2) tenders or makes the hazardous\nmaterial available to a carrier for transportation in commerce. There may be more than one\nofferor of a shipment of hazardous materials. Each offeror is responsible for complying with the\nrequirements of the HMR with respect to any pre-transportation function that it performs or is\nrequired to perform; however, each offeror is responsible only for the specific pre-transportatior\ninformation provided by another offeror, unless that offeror knows or, a reasonable person,\nfunctions that it performs or is required to perform. Further, each offeror may rely on\nacting in the circumstances and exercising reasonable care, would have knowledge that the\ninformation provided by the other offeror is incorrect.\nQ2: Would there be any modifications of civil penalties under the HMR, when one offeror relies\non information provided by another offeror for a shipment of hazardous materials?\n050236\n191.2(6)\n\n<<<PAGE 2>>>\n\nA2: Each person who performs a function governed by the HMR is responsible for complying\nwith the appropriate requirements of the HMR. Penalties for noncompliance with the HMR are\nbased on a number of statutory and regulatory factors and are determined on a case-by-case\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely,\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nReleford\n2000 Park Lane\nFisher Scientific International\n3171-266)\nJohn.Mayfield@fishersci.com\nPittsburgh, PA 15275-1126\n) Fisher Scientific\nTel: 412-490-8449\nApplicability\nFax: 412-490-8930\nSeptember 29, 2005\n05-0236\nMs. Susan Gorsky, Regulations Officer\nfishersci.\nOffice of Hazardous materials Standards\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n400 Seventh Street, SW\nWashington, DC 20590-0001\nFAX: 202 366-3012\nRe: Docket No. PHMSA-04-19173 (HM223A); RIN 2167-AE04\nDear Ms. Gorsky:\nFisher Scientific respectfully requests some clarification on the application for Final Rule HM-223A, published July 28, 2005.\nAs we understand this rulemaking, PHMSA is stating that there may be more than one offeror of a hazardous material for\nhazardous material shipment. In the General Requirements [49 CFR 172.2 (b)], you state that \"... and each offeror may rely on\ntransportation and that carriers and freight forwarders may accept classifications provided to them during the transportation of a\ninformation provided by the other offeror is incorrect.\"\ninformation provided by another offeror, unless that offeror knows or, a reasonable person ... would have knowledge that the\nhazard class or division and identification number, a receiver may accept that classification to re-offer the material for transportation?\nDoes this mean that if an original shipper offers a material as regulated for transportation, using a specific proper shipping name,\nany subsequent receiver, lacking any substantive knowledge or indication that the original offeror was unable or inadequately prepared\nIf, for examnle, the original manufacturer classifies a material as Flammable Liquid, N.O.S. (Methanol, Acetone), 3, UN1993, Il, may\ntransportation without independently verifying its complete accuracy?\nto perform the prescribed pre-transportation functions, rely upon that classification and use it when offering the material for\nConversely, if the original vendor ships a material as non-regulated, is it acceptable for a receiver, again lacking any substantive\nknowledge to question or refute the original offeror abilities, to accept and subsequently use that classification also? Although the\nwould apply equally to the assessment that a particular material is not subject to the HMR. Is this the intent of this rule?\ndefinition of \"offeror\" under 49 CFR is specifically designated for a hazardous material shipment, it would appear that the application\nHazmat regulations when one offeror relies upon the representations of another offeror? Specifically, will the wording of IV. B. of\nIf the intent of this regulation is to provide for more than one offeror, will PHMSA modify the penalty actions for violation of the\nAppendix A to Subpart D of Part 107-Guidelines for Civil Penalties be modified? Or is the intent of \"...and each offeror may rely on\ninformation provided by another offeror, ..\" merely to provide a 25% reduction in penalty collection? In cither case, Fisher Scientific\nmay have some additional comments or questions.\nPlease let us know if you have questions about the above. We look forward to hearing from you at your earliest convenience.\nRespectfully,\nJohn G. Mayfield, DGSA\nManager, Dangerous Goods Transportation","truncated":false,"body_characters":5684}