{"operation":"document","citation":"98-0260","title":"Bayer Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-10-27","effective_on":null,"summary":"98-0260 response to Bayer Corporation concerning 173.30.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0260.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0260.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0260","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980260.pdf","body":"<<<PAGE 1>>>\n\n4. -\nof Transportation\nU.S.Department\n400 Seventh Street, S.W.\nResearch and\nWashington, D.C. 20590\n...:..._.\nAdministration\nSpecial Programs\nOCT 27 1998\nMr. Robert C. Blake\nMaterials Management Distribution Safety\nand Regulatory Affairs\nRef. No. 98-0260\n100 Baver Road\nBayer Corporation\nPittsburgh, PA 15205-9741\nDear Mr. Blake:\nThis is in response to your letter dated August 28, 1998, requesting clarification of responsibility for\nloading and unloading packages of hazardous materials under the Hazardous Materials Regulations\n(HIMR; 49 CFR Parts 171-180).\nIt is the carrier's responsibility to comply with loading and unloading requirements. However, it is\npossible for shippers to conduct functions of a carrier, such as loading a vehicle trailer. In the event a\nshipper conducts or participates in the loading process of a hazardous material onto a transport vehicle,\nthey must comply, as does the carrier, with applicable requirements of the HMIR (§ 173.30).\nI hope this satisfies your inquiry. If this office can be of further assistance, please contact us.\nSincerely,\nVil Hilli\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nBayer\n(BATER\n...\n100 Bayer Road\nBayer Corporation\nPhone: 412 777-2000\nPittsburgh, PA 15205-9741\nAugust 28, 1998\nnelson\n173,30\nMr. Edward Mazzullo, Director\nOffice of Hazardous Materials Standards\nResearch and Special Programs Administration\nU.S. Department of Transportation\nDHM-10\n400 7* Street, S.W\nWashington, DC 20590-0001\nDear Mr. Mazzullo:\nI have been requested to seek a formal interpretation for 49CFR 173.20 \"Shippers-\nGeneral Requirements for Shipments of Packages\" and 49CFR 177.834 \"General\nRequirements for Loading and Unloading\".\nBayer Corporation contends that Section 173.30 is merely a general duty statement\nrequiring shippers performing loading and unloading functions to reference the specific\nmodal regulations (174-177). Section 177.800 identifies the specific loading and\nunloading responsibilities of the parties involved in these processes. These two specific\nregulations, havecreated an internal argument as to who is responsible for the securement\nTo determine this responsibility reference is made to paragraph 177.800(b) titled\n\"Responsibility for Compliance\", This paragraph states, \"Unless this subchapter\nspecifically provides that another person shall perform a particular duty, each carrier,\nincluding connecting carrier, shall porform the duties specified and comply with all\napplicable requirements in this part ...\". Furthermore, carrier is defined in Section 171.8\nas meaning \" a person engaged in transportation of passengers or property\". Bayer\nCorporation does not meet the definition of a carrier. Therefore, as paragraph 177.834(a)\ndoes not make any specific requirements of a shipper, the carrier then becomes the\nresponsible party for compliance with this paragraph as outlined in paragraph 177.800(b).\nOur question concerns who is really responsible for the freight's securement. At Bayer's\nshipping locations, we assist the carrier during the loading process by placing 55 gallon\ndrums, containing hazardous materials, inside of their trailers. In our carrier contracts we\nhold them responsible for the proper securement of all freight tendered. However,\nzíza\n\n<<<PAGE 3>>>\n\nrecently a carrier has challenged our contract stating that Bayer Corporation is\nesponsible for securement (blocking and bracing) as we are performing a carrier functio\nnder section 173.30. It is Bayer Corporation's opinion that as we are not performing i\nfunction as defined in section 171.8, \"Carrier\". We therefore, are not performing a carrier\nfunction. Therefore, it is the carrier's responsibility to assure the tendered shipment is\nproperly secured by blocking and bracing according to the HMR.\nWould you please advise me as to whose interpretation is correct, Bayer Corporation or\nthe carrier?\nYour expedient response to this inquiry would be appreciated. We are having a\n•\nmeeting with this carrier on September 11, 1998 and wish to finalize this disagreement\nduring the scheduled meeting. Your response can be faxed to 412-777-2946 or by mailing\nit to the above address. Should you have any questions I can be reached at 800-662-2927\nextension 2140.\nSincerely,\nPC Alek\n•\nRobert C.\nike, Manager\nMaterials Management Distribution Safety & Regulatory Affairs\n100\n-","truncated":false,"body_characters":4397}