{"operation":"document","citation":"05-0290","title":"Galls/Aramark Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-03-24","effective_on":null,"summary":"05-0290 response to Galls/Aramark Inc. concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0290.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0290.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0290","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050290.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazarcious Materials Safety\nMAR 24 2006\nMr. Carl Jackson\nRef. No. 05-0290\n2680 Palumbo Drive\nGalls/Aramark Inc.\nP.O. Box 54308\nLexington, KY 40555-4308\nDear Mr. Jackson:\nThis is in response to your October 31, 2005 letter requesting clarification of the\napplicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a\nfreight forwarder who processes international shipments of hazardous materials.\nSpecifically, you ask whether responsibility for compliance with the HMR transfers from\nthe original offeror to the freight forwarder when the shipment is processed by the freight\nforwarder for international transportation. If not, you ask whether a written agreement\nbetween the original offeror and the freight forwarder could relieve the original offeror\nfrom its responsibility for compliance with the HMR.\nYour question pertains to the following scenario: The original offeror prepares and offers\nfor transportation a shipment of hazardous material classified as Consumer commodity,\nORM-D. The shipment is routed through a freight forwarder, who prepares and offers\nthe shipment for international transportation.\nUnder the HMR, any person who performs a \"pre-transportation function\" (see definition\nin § 171.8) is an offeror of hazardous material. Pre-transportation functions are functions\nperformed to prepare a shipment for transportation, including assigning a hazard class to\na material, selecting a packaging for the material, filling and closing the packaging,\nmarking and labeling the packaging, and preparing shipping documentation and\nemergency response information to accompany the shipment. There may be more than\none offeror of a shipment of hazardous materials. Each offeror is responsible for\ncomplying with the requirements of the HMR, with respect to any pre-transportation\nfunction that it performs or is required to perform; however, each offeror is responsible\nonly for the specific pre-transportation functions that it performs or is required to\nperform, and each offeror may rely on information provided by another offeror, unless\nthat offeror knows or, a reasonable person, acting in the circumstances and exercising\nreasonable care, would have knowledge that the information provided by the other\nofferor is incorrect.\nYour scenario has two parts. For the first part of transportation, the original offeror is\nresponsible for compliance with requirements applicable to the shipment of consumer\n17/./\n050290\n\n<<<PAGE 2>>>\n\ncommodities under the HMR. For the second part of transportation, both the original\nofferor and the freight forwarder are responsible for the pre-transportation functions they\nperform. For example, if the original offeror prepares the package in the manner to be\nforwarded to its international destination by the freight forwarder, the original offeror is\nresponsible for compliance with package selection, filling and closure requirements, and\npackage marking and labeling The freight forwarder will be responsible for compliance\nwith packaging requirements if it alters the packaging, places the material in a different\npackaging, or has reason to believe that the original package (including its markings and\nlabels) is not in compliance with the HMR. If the freight forwarder performs all the\nrequired pre-transportation functions applicable to the international portion of\ntransportation - including classifying the material, selecting and filling a packaging,\npreparing a shipping document, supplying emergency response information, and marking\nand labeling the package - then the freight forwarder would be solely responsible for\nassuring the shipment complies with applicable requirements.\nUnless the freight forwarder is handling the hazardous materials shipment without relying\non information provided by the original offeror, a written agreement to transfer\nresponsibility from the original offeror to the freight forwarder does not relieve the\noriginal offeror from its responsibility for the shipment. In your scenario, it appears that\nthe freight forwarder is relying on information you provide to process the shipment for\ninternational transportation. If so, you are responsible for the accuracy of the information\nyou provide as well as the requirements applicable to the functions you perform relative\nto that shipment.\nI hope this information is helpful. Please contact us if you require additional assistance.\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nEichenlaub\n5191. 1\nApplicability\n05-0290\nINCORPORATIED\nGALLS\nOctober 31. 2005\nAN ARAMARK COMPANY\nDirector\nOffice of the Standards\nP.O. Box 54308\n2680 Palumbo Drive\nPipeline and Hazardous Materials Safety Administration\nLexington, KY 40555-4308\n100 Seventh Street, 8 Floor\nJ.S. Department of Transportatior\nfax: 1-800-944-2557\nphone: 1-800-477-7766\nWashington, DC 20590\nwww.galls.com\nOffice of the Chief Counsel\nAnil K. Mehta, Attorney\nPipeline and Hazardous Materials Safety Administration\nWashington, DC 20590\nU.S. Department of Transportation\nDear Sir or Madam:\nunder any circumstances, ship hazardous material via air. In addition, when we ship hazardous\nOur current company policy mandates ground shipment only for all Hazardous Material. We do not,\nmaterial it is classified as ORM-D Consumer Commodities. The dilemma with our policy occurs when\nwe ship internationally.\nresponsible for regulation compliance of the hazardous material from origin to destination. Because\nAs addressed in a previous phone conversation with the Chief Council, we as the shipper are\nour international shipments are processed by a Freight Forwarder, we assumed that compliance\npassed to them. We have since learned that this is not the case. We then asked if we could request or\nsubmit to the freight forwarder a written agreement that ensures all regulation compliance measures\nare perfor aid this may cage the regal protein betrate cale bored desire.,\ncompliance regulations; thereby not being released from our liability for the package or its repackaging\nof the product for shipment.\nEven with this verbal interpretation we still request a written interpretation allowing its use as a guideline\nrequest to Freight Forwarders for documentation from them confirming strict adherence to regulation\nfor our policy determination. Written confirmation would provide us with justifiable cause to present our\ncompliance.\nYour written statement to this request would be greatly appreciated. Once we have received a written\nstatement we will be in a position to finalize company policy.\nRespectfully,\nCarl Jackson\nHazardous Material/Export Compliance Specialist\nGalls/Aramark inc.\nThe Authority ir: Public Safety Equipment and Apparel","truncated":false,"body_characters":6792}