Guidanceguidance
07-0103
Greenberg Traurig, LLP — Hazardous Materials Safety Interpretation
Current as of source date Government source
RegulusPipeline researchRegulusPipeline research07-0103
Page 1U.S. Department 1200 New Jersey Ave. S.E of Transportation Washington. DC 20590 Pipeline and Hazardous Materials Safety Mr. Sanford M. Saunders, Jr. Ret. No.: 07-0103 Greenberg Traurig, LLP Mr. Kenneth P. Kaplan Attorneys at Law 800 Connecticut Avenue, NW, Suite 500 Washington, DC 20006 Dear Messrs. Saunders and Kaplan: This is in response to your May 9, 2007 letter requesting clarification of the Hazardous questions are paraphrased and answered below. (including signed shipping papers, packaging materials and instructions), is Shipper A QI: If Shipper A provides Shipper B with the EX number and shipping materials potentially subject to either the civil or criminal penalty provisions of the HMR? Al: The answer is yes. Each person who performs the functions of an offeror (shipper), non-compliance with the HMR. Determinations of civil or criminal penalties are handlec potentially subject to either the civil or criminal penalty provisions that may result fron on a case-by-case basis. ammunition primer for transport in commerce using Shipper A's EX number and in the Q2. If Shipper B, without any assistance from or notification to Shipper A, offers the original packaging, will Shipper A be subject to either civil or criminal penalty provisions of the HMR? 173.22 070103 173.62#
Page 2A2. The answer is no. If Shipper A does not perform any of the functions of an offeror, then the HMR, including the enforcement provisions would not apply. Also, note that the EX number is directly associated with the explosive material and its packaging. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerel! Hitti Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#
Page 3Satterthwarte Greenberg $173.22 Traurig $,173.62 Tel. 202.331.3130 Sanford M. Saunders, Jr. saunderss@gtlaw.com Fax. 202.261.0151 Shipper's Responsibility Explosive 87-0103 Tel. 202.331.3191 Kenneth P. Kaplan Fax 202.261.0156 kaplank@gtlaw.com May 9, 2007 VIA HAND DELIVERY Division Director Mr. Edward Mazzullo Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 400 7th Street, SW Washington, DC 20590 ALBANY Re: Request for Interpretation of a Shipper's Responsibility AMSTERDAM Dear Mr. Mazzullo: ATLANTA BOCA RATON Pursuant to 49 C.F.R. § 105.20, we are writing for a clarification on the responsibilities BOSTON customer ("Shipper B") returns the ammunition primer to Shipper A. There are two scenarios of a shipper who originally shipped ammunition primer to a customer ("Shipper A") and the I CHICAGO I DALLAS for which we seek clarification. DENVER FORT LAUDERDALE First, Shipper A, an ammunition manufacturer, ships ammunition primer to its customer in accordance with its Hazardous Class or Division, 1.4F, and consistent with requirements IOS ANGELES established in 49 C.F.R. §§ 173.22 and 173.62. The customer, Shipper B, desires to return the MIAM; ammunition primer to Shipper A. Shipper B contacts Shipper A concerning its need to return NEW JERSFY the ammunition primer. Shipper A, in turn, provides shipping materials to Shipper B and NEW YORK nstring Shipper shionin proper met dionely in her alisone decen ORANGE COUNTY, CA ORLANDO pa age for ransporesign, Under three air hippines, Shipper A is not in a position fiers sure PHILADELPHIA that Shipper B's return shipment is prepared in accordance with sections 173.22 or 173.62 ever PHOENIX SILICON VALLEY TALLAHASSER under 49 C.F.R. Part 107, Subpt. D or applicable provisions of the Hazardous Materials TYSONS CORNER WASHIN.TON, C.E. WEST PALM BEACH WEMINGTON ZURICH Greenberg Traurig, LLP | Attorneys at Law | 800 Connecticut Avenue. NW | Suite 500 | Washington, D.C. 20006 Tel 202.331.3100 | Fax 202.331.3101 www.gtiaw.com#
Page 4Mr. Edward Mazzullo Page 2 May 9, 2007 Shipper B Transportation Act, 49 U.S.C. §§ 5101 et. seq. ["HMTA"] in connection with the shipment by Second, Shipper A's customer, Shipper B, receives the ammunition primer, which Clearly, the shipping regulations place responsibility for adhering to 49 C.F.R. Part 173 er containet equired by (ar 103). See 49 C.F. 17322. Moreover the civil and ariain. r container required by Part 173. Accordingly, our questions are as follows: 1. If Shipper A allows Shipper B to use its EX number and provides that party iminal penalty provisions of HMTA or PHMSA's regulations if Shipper B fails lipping materials and instructions, will Shipper A be liable under either the civil adhere to hazardous material shipping statutory and regulatory requirements; and under Shipper A's EX number and in its packaging, will Shipper A be liable under 2. If Shipper B, without notification to Shipper A, ships ammunition primer Shipper B fails to adhere to hazardous material shipping regulatory requirements. either civil or criminal penalty provisions of HMTA or PHMSA's regulations if Greenberg Traurig, LLP#
Page 5Mr. Edward Mazzullo Page 3 May 9, 2007 Please do not hesitate to contact us if you need clarification of our questions or require additional information. Thank you, in advance, for your assistance in this matter. Sincerely, anford M.Saunders, J Kenneth P. Kaplan Greenberg Traurig, LLP#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.