{"operation":"document","citation":"10-0155","title":"DuPont Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-03-21","effective_on":null,"summary":"10-0155 response to DuPont Company concerning 172.203, 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0155.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0155.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0155","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100155.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave. SE\nWashington. D.C. 20590\nMAr. 2 1 2011\nMr. Randolph Martin\nDuPont Company\nHazardous Materials Distribution Consultant\n4417 Lancaster Pike\nWilmington, DE 19375\nReference No. 10-0155\nDear Mr. Martin:\nThis is in response to your e-mail transmission asking for clarification of the Hazardous\nMaterials Regulations (49 CFR Parts 171-180) applicable to hazardous materials\ncommunication. Specifically, your questions pertain to the party responsible for preparing\nshipping papers and ensuring that the packages are properl y marked and placarded. You present\ntwo scenarios, which are paraphrased and addressed as follows:\nScenario 1:\nYou receive a hazardous materials shipment in a cargo tank motor vehicle or a portable tank.\nThe tank is unloaded while the driver waits. The driver mayor may not assist in the unloading.\nWhen the unloading is completed, the driver departs the site with the empty residue tank. You\nask whether your understanding is correct that you would not be the shipper (offeror) in this\nscenario, and are under no obligation to: (1) ensure that the inbound shipping paper is correct; (2)\nprepare a new shipping paper; or (3) ensure the tank is properly marked or placarded.\nPHMSA's Response:\nIf the carrier, as in the first scenario, is present during the time of unloading and the motive\npower is still attached to the transport vehicle, the carrier is responsible for all applicable HMR\nrequirements, including shipping papers, marking and placarding.\nScenario 2:\nA cargo tank motor vehicle or a portable tank is delivered to your site. The driver unhooks his\ntractor (motive power) and departs the facility. Your site employees unload the tank and a\ncarrier is then called to return and pick up the empty residue tank. You ask whether you\nunderstanding is correct that you are the offeror and are responsible for compliance with all\napplicable U.S. Department of Transportation (DOT) regulations, inc1uding preparation of a\nshipping paper for the residue shipment in accordance with the HMR.\n\n<<<PAGE 2>>>\n\nPHMSA's Response:\nIf the carrier, as in the second scenario, has unhooked the transport vehicle and the motive power\nis removed from the premises, the carrier's obligation is fulfilled and transportation has ended\nfor them. In this scenario, when the carrier returns for the empty residue tank, Dupont is\nresponsible for all applicable HMR requirements, including preparation of a shipping paper.\nPlease note that if your employees perform any pre-transportation functions to prepare the cargo\ntank or portable tank containing the residue of a hazardous material for transportation in\ncommerce, you are an \"offeror\" for purposes of the HMR. If you contract with the carrier to\nperform all pre-transportation functions related to the residue shipment, you are not considered\nan offeror for purposes of theHMR.\nIn addition, when a hazardous materials function is performed by a party other than yourself, you\nmay rely on information provided by that party or may consider that a function is performed in\naccordance with the HMR, untess you know, or in the exercise of reasonable care, should know,\nthat the HMR requirement is not being met in accordance with the HMR.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nT. Glenn Foster,\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\n*\"\nFrom: INFOCNTR (PHMSA)\nSent: Monday, July 19, 20104:33 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Request for Interpretation\nHi Carolyn,\nWe received the following request for a formal letter of interpretation at the Info\nCenter.\nThanks,\nVictoria Lehman\nHazmat Information Center\n202-366-1035\nFrom: Randolph Martin [mailto:Randolph.Martin@USA.dupont.com]\nSent: Monday, July 19, 20104:29 PM\nTo: INFOCNTR (PHMSA)\nSubject: Request for Interpretation\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nU.S. Department of Transportation\nEast Building\n1200 New jersey Avenue, SE\nWashington, DC 20590-0001\nWe are requesting a written interpretation from PHMSA on the need (or lack thereof) to provide shipping papers for\nshipments of the residue of hazardous materials in cargo tanks or portable tanks. There are 2 scenarios we would like\nyou to respond to:\nIn the first, we receive a bulk shipment in either a cargo tank or portable tank. The tank is \"live\" unloaded while the driver\nis present (he mayor may not assist in the unloading). Upon completion of unloading, the driver and empty (residue) tank\nare released. In this case we do not consider ourselves to be the shipper, and are under no obligation to ensure the\ninbound shipping paper is correct, or to prepare a new shipping paper, or to ensure the tank is properly marked or\nplacarded.\nIn the second scenario, a cargo tank or portable tank is delivered to our site and the driver unhooks his tractor and\ndeparts the facility. At a later date the site unloads the tank and a carrier is then called to return and pick up the tank. In\nthis case we do consider ourselves the shipper, and are responsible for compliance with all applicable DOT regulations,\nincluding providing a shipping paper for the residue shipment.\nThese 2 scenarios were discussed and confirmed verbally by the Hazardous Materials Information Center on May 11,\n2010.\nLooking forward to your reply.\nRandolph Martin\nDuPont Com panty\n1\n\n<<<PAGE 4>>>\n\nHazardous Materials Distribution Consultant\n4417 Lancaster Pike\n-3MP22/2222\nWilmington, DE 19375\nPhone: 302-992-3443\ne-mail: randolph.martin@usa.dupont.com\nThis communication is for use by the intended recipient and contains\ninformation that may be Privileged, confidential or copyrighted under\napplicable law. If you are not the intended recipient, you are hereby\nformally notified that any use, copying or distribution of this e-mail,\nin whole or in part, is strictly prohibited. Please notify the sender by\nreturn e-mail and delete this e-mail from your system. Unless explicitly\nand conspicuously designated as \"E-Contract Intended\", this e-mail does\nnot constitute a contract offer, a contract amendment, or an acceptance\nof a contract offer. This e-mail does not constitute a consent to the\nuse of sender's contact information for direct marketing purposes or for\ntransfers of data to third parties.\nFrancais Deutsch Italiano Espanol Portugues Japanese Chinese Korean\nht\n2","truncated":false,"body_characters":6583}