{"operation":"document","citation":"14-0044","title":"Scott L. Turner Consulting , LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-05-30","effective_on":null,"summary":"14-0044 response to Scott L. Turner Consulting , LLC concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0044.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0044.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0044","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140044.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJ11AY 2 7 10\\4\nMr. Scott Turner\nPresident\nScott L. Turner Consulting, LLC\nP.O. Box 185\nBlairstown, NJ 07825\nRef. No.: 14-0044\nDear Mr. Turner:\nThis is in response to your letter dated March 3, 2014, requesting clarification ofthe\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the definition of\n\"offeror\" and how it applies to a specific carrier's operation you describe in your letter. You\npresent a scenario where a motor carrier transports a load of pressurized hazardous materials\nin an MC-331 or MC-338 to an interim destination and upon arrival at the interim destination\nthe motor carrier driver transfers the hazardous materials from their cargo tank to an ISO\ntype cargo tank. You ask if the motor carrier in your scenario is considered an \"offeror\" as\ndefined by§ 171.8, at least to the point the carrier completes the fill of the ISO type cargo\ntank.\nBased on the scenario you present in your letter, the answer is no. Under the HMR, any\nperson who performs an offeror function is an offeror of the hazardous materials. Offeror\nfunctions are functions performed to prepare a shipment for transportation, including\nassigning a hazard class to a material, selecting a packaging for the material, filling and\nclosing the packaging, marking and labeling the packaging, and preparing shipping\ndocumentation and emergency response information to accompany the shipment. From your\nincoming letter it does not appear the CatTier in your scenario preforms any pre-transportation\nfunctions and would not be considered an offeror as defined by § 171.8. It appears the driver\nperfonns the role of a carrier as defined in § 171.8, and then performs either unloading\nincidental to movement (if performed by canier personnel or in the presence of canier\npersonnel as included in the definition in § 171.8), or a trans1oading function as defined by\n§ 171.8. If the carrier performs a pre-transportation function, the carrier is an offeror for\npurposes of the HMR and must perform the function in accordance with applicable\nregulatory requirements (see interpretation 08-0022 issued by this office).\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\n~c..lmy~\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\ns\nL\nT\nScoTT L. TuRNER CoNSULTING, LLC\nP.O. Box 185 • Blairstown, NJ 07825\n908-496-4273\nMarch 3, 20014\nMr. Charles Betts\nOffice of HM Standards\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\nMail Stop: E24-314\n1200 New Jersey Ave., SE\nWashington, DC 20590\nVia. FedEx\nRe: Letter of Interpretation Request\nWel,b\n§ 11/, 6\nDe+t'Vl ,; 1-io ns\n11~oo J./1\nDear Sir,\nI respectfully request a letter of interpretation regarding the following scenario as it\npertains to the definition of\"offeror\" in PHMSA § 171.8:\nA Motor Carrier permitted in the transport of HM in bulk packaging transports a load of\npressurized HM in an MC-331 or MC-338 to an interim destination in interstate\ncommerce. Upon arrival at the interim destination, the Motor Carrier driver/employee\ntransfers the HM from his/her cargo-tank to an ISO type cargo-tank. The Motor Carrier\nhas completed their transport and transfer of the HM to the ISO tank.\nWould you be so kind as to confirm that the Motor Carrier in this scenario is considered\nan \"offeror\" as defined by §171.8 \"Offeror\" (l)(i) and (ii), at least to the point the Carrier\ncompletes the fill of the ISO type cargo-tank?\nShould you have any questions with respect to the above request, please do not hesitate to\ncontact me. I thank you for your kind consideration in this matter.\n\"The Finest in Transportation Consulting to the Legal Community\"","truncated":false,"body_characters":3939}