Air Products and Chemicals, Inc. — Hazardous Materials Safety Interpretation

Page 1J.S. Department of Transportatior lash naton. D.C. 2059 00 Seventh Street, S.V Hazardous Materials Safety Pipeline and Administration NOV 30 2000 Ms. Genette Fields-Smith Ref. No. 05-0246 7201 Hamilton Blvd. Air Products and Chemicals, Inc. Allentown, PA 18195-1501 Dear Ms. Fields-Smith: This is in response to your letter requesting clarification of the definition for "offeror" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it applies to certain operations performed by Air Products and Chemicals Inc. (APCI). You state that APCI drivers unload tankers of hazardous materials into pumper trucks at various locations for customers. The customers then transport the loaded pumper trucks to one of their job sites. You ask whether APCI is an offeror (shipper) in such scenarios. Transportation ends once the consignee takes physical delivery of the hazardous materials; therefore, APCI's offeror responsibilities stop when the hazardous materials are delivered to the customer, regardless of the location of the delivery. I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, Hitle z. mitehell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 171.2 050246#

Page 2PRODUCTS E M-In tyre $171.2 201 Hamilton Boulevar ir Products and Chemicals, In Applicability Allentown, PA 18195-150 elephone (610) 481-491 05-0246 September 26, 2005 Edward T. Mazullo, Director US DOT/RSPA (DHM-10) Office of Hazardous Materials Standards 400 7* Street SW Washington, DC 20590-0001 RE: Request for Written Interpretation Regarding HM 223A - Applicability of ihe Hazardous Materials Regulations to a "Person Who Offers" a Hazardous Material for Transportation in Commerce. Dear Mr. Mazullo: This letter is sent to request an official interpretation on whether or not the following scenarios place Air Products and Chemicals, Inc in the role of a hazardous material offeror/shipper. Scenario #1: Air Products and Chemicals, Inc driver off-loads (from an APCI's vehicle) a tanker of hazardous material into a pumper truck of one of its customer's in the yard at the customer's place of business. The next day, the customer's driver transports the loaded pumper truck to the customer's job site (away from the place of business) for use. Is Air roducts considered an offeror/shipper in this scenario? Scenario #2: Air Products and Chemicals, Inc driver off-loads (from an APCI vehicle) a location approximately 5 miles from the customer's job site. Once the off-loading is tanker of hazardous material into a pumper truck of one of its customers at a designatec job site for use. Is Air Products considered an offeror/shipper in this scenario? complete (same day, the customer's driver then transports the loaded pumper truck to the If you have questions or require additional information, you may contact me via telephone or email. Regards, Genette Felds Swith Genette Fields-Smith Air Products and Chemicals, Inc Regulatory Specialist 610.481.7754 (W) fieldsg@airproducts.com#