{"operation":"document","citation":"99-0088","title":"Ms. Carolyn Kossik — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-05-21","effective_on":null,"summary":"99-0088 concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0088.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0088.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0088","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990088.pdf","body":"<<<PAGE 1>>>\n\nU.S.Department\nof Transportation\n: 400 Seventh Street, S.W.\nWashington, D.C.\n20590\nResearch and\nSpecial Programs\nAdministration\nMAY 2 / 1999\nMs. Carolyn Kossik\nRef. No. 99-0088\nCH2MHILL\nP.O. Box 91500\nBellevue, WA 98009-2050\nDear Ms. Kossik:\nThis is in response to your letter dated March 26, 1999, regarding clarification of the definition of\n\"offeror\" under the Hazardous Materials Regulations (HMR, 49 CFR Parts 171-180).\nYou provided the following scenario:\nA company's receiving dock staff are unloading a third party transporter's truck. After\na pallet of drums containing hazardous materials is removed, it is noticed that one of the\ncontainers is leaking. The receiver places the pallet back onto the truck, notifies the\ndriver of the condition of the container; and refuses receipt of the pallet. If the driver\ndecides to transport the leaking container, is the receiver now considered an \"offeror\"\nunder the HMR?\nAs provided in § 171.1, the HMR apply to any person who transports or causes to be transported or\nshipped hazardous materials in interstate, intrastate, or foreign commerce, by highway, rail, air, and\nvessel. Any person who performs, attempts to perform or, under the circumstances involved, is\ncontractually or otherwise responsible to perform, any of the functions of an \"offeror\" is responsible\nunder the HMR for performance of those functions in compliance with the regulations. In many cases,\nmore than one person may be responsible for performing \"offeror\" functions.\nWith regard to the particular circumstances described above, since the leaking pallet was refused by the\nconsignee, it remains in possession of the carrier. Having refused receipt of the leaking pallet, the\nconsignee or receiving dock staff have no responsibility to perform \"offeror\" functions in this case.\nHowever, the HMR forbids any carrier to transport hażardous materials for transportation in commerce\n990088\n1322\n\n<<<PAGE 2>>>\n\nwhich have not been prepared in compliance with the regulations. Therefore, packages of hazardous\nmaterials that are damaged or leaking may not be transported unless placed in a metal or plastic\nremovable head salvage drum that is compatible with the ladıng and Shipped for repackaging or\ndisposal in accordance with the requirements in § 173.3(c). In addition, the packaging must be marked\n\"SALVAGE\" or \"SALVAGE DRUM.\"\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nWili\nSilky\nDelmer F. Billings\nChief, Ständards Development:\nOffice of Hazardous Materals Standards\n\n<<<PAGE 3>>>\n\nCH2M HILL\n777, 108th Avenue NE\nBellevue, WA\nсперин\n2980045118\nCH2MHILL\n8173.22\nP.O. Box 91500\nBellevue, WA\n99-0088\n98009-2050\nTel 425:453.5000\nFax 425.462.5957\nProud Sponsor of\nMarch 26, 1999\nNational Engineers Week 2000\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/RSPA (DHM-10)\n400 7th Street S.W.\nWashington, D.C. 20590-0001\nSubject: Request for Clarification on Definition of \"Offerer\"\nDear Mr. Mazzulio:\nI am writing to request clarification on the definition of \"Offerer\", and how the Agency\nwould apply the definition in a specific situation as described in the following paragraph.\nA company's receiving dock staff are unloading a third party\nremoved, it is noticed that one of the containers is leaking, The receiver\ntransporter's truck. After a pallet of drums (DOT hazardous materials) is\nplaces the pallet back onto the truck, notifies the driver of the condition of\nthe container, and refuses receipt of the pallet. If the driver decides to\ntransport the leaking container, is the receiver now considered an\n\"Offerer\" per the laws and regulations?\nWe look forward to receiving your response on this definition.\nSincerely,\nCH2M HILL\ncausly tasack\nCarolyn Kossik\nProject Engineer","truncated":false,"body_characters":3811}