Culver Enterprises, Inc. — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 20590 400 Seventh Street, S.W Hazardous Materials Safety Pipeline and Administration MAY 3 2006 Mr. John Culver Ref. No.: 06-0070 27881 Nanticoke Road Culver Enterprises, Inc. Salisbury, MD 21801-1646 Dear Mr. Culver: This is in response to your March 28, 2006, email requesting clarification of the Hazardous drivers may act as "agents" for your customers and sign the shipper's certification. Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether your The answer is yes. Under the provisions of § 172.204(d)(1), a shipper's certification "must be legibly signed by a principal, officer, partner, or employee of the shipper or his agent." At the direction of your customers or through contractual arrangement, a third party may perform the functions of an offeror (shipper), such as signing the certification statement on shipping paper to certify that hazardous materials are being offered for transportation i cordance with the HMR. Under the HMR, any person performing functions of a offeror is responsible for performing those functions in accordance with the HMR. be held responsible for your drivers' non-compliance with the HMR, and vice-versa. The Note that, because your drivers are acting as agents of your customers, your customers may degree of regulatory liability is usually determined on a case-by-case basis, and is dependent on the facts of the specific situation. I hope this satisfies your request. Sincerely, Senior Transportation Specialist Office of Hazardous Materials Standards 060070#

Page 2Drakeford, Carolyn <PHMSA> Sent: From: INFOCNTR <PHMSA> Subject: To: Tuesday, March 28, 2006 3:22 PM BAH FW: Formal Response to 49CFR 172.204 (a)(d)(1) Drakeford, Carolyn <PHMSA> §172.2046X6)4) Please stat as a Interp Letter request, thanks! Shipping Papers -----Original Message-- 06-0070 Sent: Saturday, March 25, 2006 7:38 AM From: jculver@dmv.com [mailto:jculver@dmv.com] TO: Subject: Formal Response to 49CFR 172.204 (a) (d) (1) INFOCNTR <PHMSA> 172.204 (a) (d) (1) • Thank you for your telephone call confirming our understanding of 49CFR I would like to request ruestion and our proposed solution to the problem. formal response. ie, letter or e-mail to this ve are a transporter of Regulated Medical Waste. requires a signature of the generator (customer) We use a manifest the one in the office. ree in several custome she matter to peck waste tee alarm codes or other means of access to the waste. most part the office is closed. 172.204 (a) (d) (1) & (2). Ne would obtain from our Customer (shipper) a authorization letter stating manifest on their behalf. here authorization for our driver to act as their AGENT in the signing the Thank you for your cooperation in this matter. JOHN H. CULVER 27881 Nanticoke Road Culver Enterprises Inc (302) Salisbury MD 21801-1646 FAX (302) 846 3522 846 2542 E-MAIL jculver@dmv.com This message was sent using Delmarva Online's Webmail. http://www.dmv.com/ 4'1#