{"operation":"document","citation":"16-0053","title":"ASCM- FedEx Freight — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-08-04","effective_on":null,"summary":"16-0053 response to ASCM- FedEx Freight concerning 171.2, 173.22a.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0053.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0053.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0053","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160053.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nAUG 0 4 2016\nMr. Frank Horvat\nASCM - FedEx Freight\n750 NE Fazio Way\nPortland, OR 97211\nReference No. 16-0053\nDear Mr. Horvat:\nThis letter is in response to your March 28, 2016, email and subsequent phone conversation\nwith a member of my staff requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to carrier requirements when transporting\npackagings authorized under special permit. Specifically, you describe a scenario in which a\ncarrier (driver from FedEx) accepts and transports a hazardous material shipment operating\nunder a special permit that was not provided to it by the offeror/shipper at the time the\nshipment was tendered. Your questions have been paraphrased and answered as follows:\nQ1. Is an offeror required to furnish a copy of the special permit to the carrier in all\ninstances when offering packagings authorized under a special permit?\nAl: The answer is no. As provided in § 173.22a(c), when a special permit issued to a\nperson who offers a hazardous material contains requirements that apply to a carrier of\nthe hazardous material, the offeror shall furnish a copy of the current special permit to\nthe carrier before or at the time a shipment is tendered. However, the offeror is\nrequired to do so only when the provisions of the special permit specifically require it\nto be in the possession of the carrier during transportation.\nQ2. Can a carrier (driver from FedEx) rely on information provided by the offeror/shipper?\nA2. As provided in § 171.2(f), no person may transport a hazardous material in commerce\nunless the hazardous material is transported in accordance with applicable\nrequirements of this subchapter, or an exemption or special permit, approval, or\nregistration issued under the HMR. Each carrier who transports a hazardous material\nin commerce may rely on information provided by the offeror of the hazardous\nmaterial or a prior carrier, unless the carrier knows or, a reasonable person, acting in\nthe circumstances and exercising reasonable care, would have knowledge that the\ninformation provided by the offeror or prior carrier is incorrect.\n1\n\n<<<PAGE 2>>>\n\nQ3.\nCan a carrier (driver from FedEx) be cited for civil penalties due to the fact that it may\nbe transporting a special permit load without possessing a copy of the current special\npermit?\nA3. Generally the answer is no unless the carrier knows or, a reasonable person, acting in\nthe circumstances and exercising reasonable care, would have knowledge that the\ninformation provided (or lack thereof) by the offeror or prior carrier is incorrect. See\n§ 171.2(f). Further, in instances where hazmat is not shipped in compliance with the\nHMR, the U.S. Department of Transportation generally attempts to identify and bring\nan enforcement proceeding against the person who first caused the transportation of\nthe noncomplying shipment.\n• See the formal interpretation of carrier responsibility\nwhen accepting hazmat for transportation in commerce (June 4, 1998; 63 FR 30411).'\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\ntenniste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nNickels\n$| 73.22 (a), 171.2 (8)\nDodd, Alice (PHMSA)\nSupper's respons buf\n16-0053\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nMonday, March 28, 2016 4:15 PM\nTo:\nHazmat Interps\nSubject:\nFW: Formal Request for Interpretation\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation. Mr. Horvat's address is:\nFrank Horvat\n750 NE Fazio Way\nPortland, OR 97211\nThanks,\nShelby\nFrom: Frank Horvat [mailto:Frank.Horvat2@fedex.com]\nSent: Monday, March 28, 2016 2:31 PM\nTo: INFOCNTR (PHMSA)\nSubject: Formal Request for Interpretation\nI would like to submit a formal request for interpretation regarding how the shipper's requirements in 173.22a(c), if\nunfulfilled, affect the carrier's liability for not meeting the general requirements set forth in 171.2(f). Please note,\n171.2(f) does state:\n\"Each carrier who transports a hazardous material in commerce may rely on information provided by the offeror of the\nhazardous material or a prior carrier, unless the carrier knows or, a reasonable person, acting in the circumstances and\nexercising reasonable care, would have knowledge that the information provided by the offeror or prior carrier is\nincorrect.\"\nThe underlying question I would like to get answered is if the driver (from FedEx) is transporting a hazardous\nmaterial shipment requiring a special permit and the permit was not provided by the shipper at the time it was\npicked up can the driver or carrier (FedEx) be cited for not having the special permit with him or her during the\ntransportation of the shipment?\nIf you need any additional information please let me know.\nThanks,\nFrank Horvat\nASCM - FedEx Freight\nPortland, OR 97211\n971-806-5077\n1","truncated":false,"body_characters":5070}