{"operation":"document","citation":"10-0192","title":"Scopelitis, Garvin, Light, Hanson & Feary — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-10-05","effective_on":null,"summary":"10-0192 response to Scopelitis, Garvin, Light, Hanson & Feary concerning 171.2, 171.8, 172.204, 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0192.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0192.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0192","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100192.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department ofTransportation Pipeline and Hazardous Materials\nSafety Administration\n1 200 New Jersey Ave, SE\nWashington, D.C. 20590\nOCT 5 2010\nMr. Timothy Wiseman\nScopelitis, Garvin, Light, Hanson & F eary\n10 W. Market Street, Suite 1500\nIndianapolis, IN 46204\nRef. No.: 10-0192\nDear Mr. Wiseman:\nThis responds to your August 31, 2010 letter requesting clarification ofthe Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification ofthe shipping\npaper requirements in § 172.204 and § 177.817. Your questions are paraphrased and answered as\nfollows:\nQl) Maya carrier correct a shipping paper after it has been certified by the shiper by crossing out\nthe entry for a hazardous material, which was not accepted by the motor carrier because it did\nnot comply with the packaging requirements in the HMR?\nAI) Yes. A carrier with knowledge ofincorrect information may not continue to use that\ninformation (see § 171.2(e) and (f) and must resolve any discrepancies pertaining to the\nshipment before it is accepted for transportation.\nQ2) By correcting a shipping paper after it has been certified by the shipper, does the motor carrier\nbecome the offeror ofthe hazardous material?\nA2) No. A carrier is not an offeror when it performs a function required by the HMR as a\ncondition of acceptance ofa hazardous material for transportation in commerce ( e.g.,\nreviewing shipping papers, examining packages to ensure that they are in conformance with\nthe HMR, or preparing shipping documentation for its own use) or when it transfers a\nhazardous material to another carrier for continued transportation in commerce without\nperforming a pre-transportation function (see § 171.8, definition ofperson who offers or\nofferor).\nI tnist this satisfies your inquiry. Please contact us if we can be of further assistance.\nSince~\nBen Supko\nActing Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n.\n\\All (1te-r\ng. ~ I7Z.20~\n( SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY ~ 111 . 8I\n, ',',,', ATT,ORNEYS AT LAW Sh . ' ' ' \"'n \" S\n' :\" '\" , ; \"', ' , \", \". I PpI f)~ , r'-'.l1e r\n·.: . ; ',,' ',1' ~ , \" , INDIANAPOLIS , 1 'ro\nCHICAGO ~ WASHINGTON. D.C •• LOS ANGELES' KANSAS CITY· CHATTANOOGA' DETROIT ..' \"\" ' ·0 .. ,. 11Z\nTIMOTHY ~.W'SEMAN, ,; : , \".': ~ 10 W, Market Street, Suite 1500 Indianapolis. Indiana 46204\ntwiseman@scopelitis,com phone (317) 637-1m fax (317) 687,2414\nwww.Sl;opelitis.com\n, August 31,2010\nOffice of Hazardous Material Standards\nPipeline & Hazardous Material Safety Adm.\nPHH-10\nU.S. Department of Transportation, E. Bldg.\n1200 New Jersey Avenue, SE\nWashington, Dc 20590-0001\nRe: Request for Interpretation\n49 C.F.R. §§ 172.204 & 177.817\n, ;iroWhom It May Concern:\nI have some questions with respect to the shipper certification requirements\nunder 49 C.F.R. § 172.204 and § 177.817 that do not appear to be answered in\nprevious guidance offered by the Pipeline & Hazardous Material Safety\nAdministration (\"PHMSA\"). The shipping scenario from which my questions\narise is as follows:\nA motor carrier will occasionally transport multiple hazardous\nmaterials under a single bill of lading and shipper's certificate\nissued under§ 172.204. Prior to acceptance of the consolidated\nshipment for transportation, the carrier discovers an error on the\nshipper certification in that one or more ofthe packages described on\nthe certificate is not in compliance with the hazardous material\nregulations. Rather than require the shipper to reissue a new\nshipper certification} the carrier will instead refuse to accept the noncomplying\npackage and cross off that portion of the shipper\ncertificate that references the non-accepted package. The remaining\npackages would then be accepted for transportation by the motor\ncarrier under the original shipper certification. The shipper's\ncertification with the motor carrier's handwritten notations would\nthen be maintained by the motor carrier as required by § 177.817.\nSERVICES OUTSIDE CALIFORNIA AND MICHIGAN PROVIDED BY SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, PROFESSIONAL CORPORATION\nSERVICES IN MICHIGAN PROVIDED BY SCOPELlTIS. GARVIN, LIGHT, HANSON &FEARY, PROFESSIONAL LIMITED LIABILITY COMPANY\nSERVICES IN CALIFORNIA PROVIDED BY SCOPEUTlS, GARVIN, LIGHT, HANSON & FEARY, LIMITED LIABILITY PARTNERSHIP\n\n<<<PAGE 3>>>\n\nPage 2\nAugust 31, 2010\nI have the following questions with respect to this scenario:\n1. Is it permissible under the hazardous material regulations for a\nmotor carrier to cross off an entry contained on the signed shipper\ncertification?\n2. If so, by crossing off an entry on the signed certificate, does the\nmotor carrier become the new offeror\" of the shipment and thus\nresponsible for all regulatory obligations of the shipperj offeror?\nBased on my reading and understanding of the applicable regulations, it would\nappear that merely crossing off a specific hazmat package notation on the\nshipper's certificate is not altering or obliterating the certification itself, but\nrather only acts to signify that the package was not accepted for transportation\nby the motor carrier. However, in this case, the motor carrier wants to ensure\ncompliance with the regulations and, in addition, not assume responsibility as\nthe shipperj offeror for the accuracy of the information contained on the\ncertification.\nAny assistance you can provide in helping me understand these regulations in\nthe context of the above-stated scenario is greatly appreciated. If you need any\nfurther information to respond, feel free to contact me.\nVery truly yours,\nJ1J1JTimothy\nW. Wiseman\nTWWjkkc\ncc: Joseph Solomey, Assistant Chief Counsel\nSCOPELITIS, GARVIN, LIGHT, HANSON & FEARY","truncated":false,"body_characters":5701}