{"operation":"document","citation":"12-0015","title":"AT & T Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-02-13","effective_on":null,"summary":"12-0015 response to AT & T Inc. concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0015","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120015.pdf","body":"<<<PAGE 1>>>\n\nu.s. Department 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFEB 13 2012\nMr. Jim La Porte\nAT &T Inc.\n1670 Axtell\nTroy, MI 48084\nRef. No. 12-0015\nDear Mr. La Porte:\nThis is in response to your email regarding the shippers's certification prescribed in\n§ 172.204 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you present the following scenario and ask whether it is prohibited for your\ncompany AT & T to hire a third-party contractor to offer a hazardous material under the\nHMR.\nAccording to your letter, AT & T contracts with Company X to remove and ship\ncompressed gas cylinders classified as a hazardous material. Company X will use its own\npersonnel to prepare hazardous materials shipments in accordance with the applicable\nrequirements of the HMR. In such cases, Company X, on AT & T's behalf, signs the\nshipper's certification on the shipping paper. It is your understanding that the HMR does\nnot prohibit hiring a third party contractor to prepare, package and transport materials in\naccordance with the applicable requirements to the HMR.\nYour understanding is correct. At your company's direction or through contractual\narrangement, a third party may perform the functions of an offeror (shipper), such as\nsigning the certification statement on a shipping paper to certify that hazardous materials\nare being offered for transportation in accordance with the HMR. Under the HMR, any\nperson performing functions of an offeror, as defined in § 171.8, must take responsibility\nfor performing those functions in accordance with the applicable requirements. Each\nperson who performs a function governed by the HMR is responsible for complying with\nthe appropriate requirements of the HMR.\n\n<<<PAGE 2>>>\n\nIt should be noted that because Company X in your scenario is acting as an agent of AT &\nT, AT & T may be held responsible for Company X's non-compliance with the HMR. The\ndegree of regulatory liability is usually determined on a case-by-case basis, and is\ndependent on the facts of the specific situation.\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n1)ened ',c;IC§\n11.5·22\nDrakeford, Carolyn (PHMSA) ~ fir . I\nFrom: Mcintyre, Joan (PHMSA) g 173· ~()I\nSent: Wednesday, January 11, 2012 3:54 PM\nTo: Drakeford, Carolyn (PHMSA) ~'fP-er'.s. l<t!!spo\"\"(V5;b:/,tJ\nSubject: RE: DOT Question IZ -DO 16\n-----Original Message----From:\nMcIntyre, Joan (PHMSA)\nSent: Wednesday, January 11, 2012 3:23 PM\nTo: 'LA PORTE, JAMES J'\nSubject: RE: DOT Question\nMr. LaPorte,\nI have passed this on to our interp letter coordinator, Carolyn Drakeford, for assignment for\na written reply.\nJoan McIntyre\n-----Original Message----From:\nLA PORTE, JAMES J [mailto:jI7454@att.com]\nSent: Wednesday, January 11, 2012 9:59 AM\nTo: McIntyre, Joan (PHMSA)\nSubject: Re: DOT Question\nJoan,\nHello! Here is another question that I need a written reply for.\nWe are contemplating a process for removal of small amount of compressed gas cylinders\nthrough a pail system where a pail/container is sent to our location and a vendor picks it\nup when it is full. These will be going out on a DOT hazardous materials bill of lading and\nwill carry a DOT label.\nThe transporter has agreed to act as our agent and prepare and sign the bill of lading on\nbehalf of our company and to assure that the package is suitable for transport (i.e. labels).\nThey have agreed to perform HAZAMAT training for their employees. My understanding is that\nthe rules do not prohibit hiring a third party contractor to prepare, package} and transport\nmaterials. The company would have a duty to ensure that the waste hauler has the right\ntraining and follows the rules and abide by the contract.\nIs this interpretation correct. Can the person picking up these containers act as an agent\nfor the company an sign the shipping papers on our behalf and make sure the package is OK for\nshipment (i.e. labeled properly) prior to transport. I did find a similar interpretation\n(PHMSA Interpretation #04-0183)\nRegards,\nJim La Porte\n1\nI","truncated":false,"body_characters":4257}