{"operation":"document","citation":"05-0246","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":"2005-11-30","effective_on":null,"summary":"05-0246 response to Air Products and Chemicals, Inc. concerning 171.2.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0246.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0246.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0246","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050246.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Department\nof Transportatior\nlash naton. D.C. 2059\n00 Seventh Street, S.V\nHazardous Materials Safety\nPipeline and\nAdministration\nNOV 30 2000\nMs. Genette Fields-Smith\nRef. No. 05-0246\n7201 Hamilton Blvd.\nAir Products and Chemicals, Inc.\nAllentown, PA 18195-1501\nDear Ms. Fields-Smith:\nThis is in response to your letter requesting clarification of the definition for \"offeror\"\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it applies\nto certain operations performed by Air Products and Chemicals Inc. (APCI). You state\nthat APCI drivers unload tankers of hazardous materials into pumper trucks at various\nlocations for customers. The customers then transport the loaded pumper trucks to one of\ntheir job sites. You ask whether APCI is an offeror (shipper) in such scenarios.\nTransportation ends once the consignee takes physical delivery of the hazardous\nmaterials; therefore, APCI's offeror responsibilities stop when the hazardous materials\nare delivered to the customer, regardless of the location of the delivery.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nHitle z. mitehell\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n171.2\n050246\n\n<<<PAGE 2>>>\n\nPRODUCTS E\nM-In tyre\n$171.2\n201 Hamilton Boulevar\nir Products and Chemicals, In\nApplicability\nAllentown, PA 18195-150\nelephone (610) 481-491\n05-0246\nSeptember 26, 2005\nEdward T. Mazullo, Director\nUS DOT/RSPA (DHM-10)\nOffice of Hazardous Materials Standards\n400 7* Street SW\nWashington, DC 20590-0001\nRE: Request for Written Interpretation Regarding HM 223A - Applicability of ihe\nHazardous Materials Regulations to a \"Person Who Offers\" a Hazardous Material for\nTransportation in Commerce.\nDear Mr. Mazullo:\nThis letter is sent to request an official interpretation on whether or not the following\nscenarios place Air Products and Chemicals, Inc in the role of a hazardous material\nofferor/shipper.\nScenario #1: Air Products and Chemicals, Inc driver off-loads (from an APCI's vehicle) a\ntanker of hazardous material into a pumper truck of one of its customer's in the yard at the\ncustomer's place of business. The next day, the customer's driver transports the loaded\npumper truck to the customer's job site (away from the place of business) for use. Is Air\nroducts considered an offeror/shipper in this scenario?\nScenario #2: Air Products and Chemicals, Inc driver off-loads (from an APCI vehicle) a\nlocation approximately 5 miles from the customer's job site. Once the off-loading is\ntanker of hazardous material into a pumper truck of one of its customers at a designatec\njob site for use. Is Air Products considered an offeror/shipper in this scenario?\ncomplete (same day, the customer's driver then transports the loaded pumper truck to the\nIf you have questions or require additional information, you may contact me via telephone or\nemail.\nRegards,\nGenette Felds Swith\nGenette Fields-Smith\nAir Products and Chemicals, Inc\nRegulatory Specialist\n610.481.7754 (W)\nfieldsg@airproducts.com","truncated":false,"body_characters":3112}