{"operation":"document","citation":"CHI-99-002","title":"Menominee Indian Tribe of Wisconsin (see December 5, 2000 correction) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-04-13","effective_on":null,"summary":"CHI-99-002 response to Menominee Indian Tribe of Wisconsin (see December 5, 2000 correction) concerning 173.242.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-99-002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-99-002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-99-002","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Hazmat/ChiefCounsel/CHI-99-002.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nResearch and\nSpecial Programs\nOffice of the\nAdministration\nChief Counsel\n(202) 366-4400\nRoom 8407\nMr. Lee Schuman\nPresident\nAUG - 8 1999\nMajestic Distilling Company, Inc.\n2200 Monumental Road\nP.O. Box 7372\nBaltimore, MD\n21127\nDear Mr. Schuman:\nThank you for your July 15, 1999 letter to Mr. David Donaldson\nconcerning the requirement that an offeror of a hazardous\nmaterial in a bulk packaging, container, or tank with a capacity\nof 3,500 gallons or more must register with the Research and\nSpecial Programs Administration (RSPA) and pay a registration\nfee.\nBased on your correspondence, I understand Archer Daniels Midland\nCorp. (ADM) ships to your company in 30, 000-gallon rail tank cars\ntwo materials that (in these quantities) are regulated under the\nHazardous Materials Regulations (HMR), 49 C.F.R. Parts 171-180:\nhigh-proof grain neutral spirits and gin. I also understand that\n(1) these tank cars contain a residue when they are returned to\nADM; (2) an employee of Majestic prepares the tank cars for the\nreturn shipment (e.g., assuring that closures are secured and\nthat the required markings on the tank car are legible); and\n(3) Majestic's employee signs the \"shipping instruction\" form as\nan \"agent\" for ADM.\nAs stated in RSPA's interpretation No. 88-1, published at 55 Fed.\nReg. 6758, 6760-61 (Feb. 26, 1990), \"responsibilities generally\nare\nplaced\non\n'offerors'\nassociated with 'offering' hazardous materials for\nfor performance of the functions\ntransportation\" in commerce.\n\"Any person who performs, attempts\nto perform or, under the circumstances involved, is contractually\nor otherwise responsible to perform any of the functions assigned\nby the HMR to the offeror, is legally responsible under the HMR\nfor the proper performance of those functions.\" Under certain\ncircumstances, there can be more than one offeror of the same\nshipment of hazardous materials. See interpretation No. 89-1, 55\nFed. Reg. at 6761-62.\nWhen there is an agency relationship, RSPA considers that both\nthe agent who actually performs functions of an offeror of\nhazardous materials and the principal of that agent are\n\n<<<PAGE 2>>>\n\n\"offerors\" and responsible for compliance with all the\nobligations of an offeror.\n(as well as ADM) must register and pay the registration fee;\nBecause it is an offeror, Majestic\nMajestic (as well as ADM) must train its employees that actually\nperform functions subject to the requirements of the HMR; and\nboth Majestic and ADM would be liable for violations of the HMR\nactually committed by a Majestic employee acting as an agent of\nADM.\nI hope this information is helpful. If you have any further\nquestions, please feel free to contact me or Frazer Hilder of my\nstaff, at\nthe above address or by telephone at 202-366-4400.\nSincerely,\nAssistant Chief Counsel for\nEdward H. Bonekemper, III\nHazardous Materials Safety\nand\nResearch and Technology Law","truncated":false,"body_characters":2967}