Interpretation Response #10-0155 ([DuPont Company] [Mr. Randolph Martin])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 03/21/2011

Company Name: DuPont Company

Individual Name: Mr. Randolph Martin

Location State: DE Country: US

View the Interpretation Document

Response text:

March 21, 2011

Mr. Randolph Martin

DuPont Company

Hazardous Materials Distribution Consultant

4417 Lancaster Pike

Wilmington, DE 19375

Reference No. 10-0155

Dear Mr. Martin:

This is in response to your e-mail transmission asking for clarification of the Hazardous Materials Regulations (49 CFR Parts 171-180) applicable to hazardous materials communication. Specifically, your questions pertain to the party responsible for preparing shipping papers and ensuring that the packages are properly marked and placarded. You present two scenarios, which are paraphrased and addressed as follows:

Scenario 1:

You receive a hazardous materials shipment in a cargo tank motor vehicle or a portable tank. The tank is unloaded while the driver waits. The driver may or may not assist in the unloading. When the unloading is completed, the driver departs the site with the empty residue tank. You ask whether your understanding is correct that you would not be the shipper (offeror) in this scenario, and are under no obligation to: (1) ensure that the inbound shipping paper is correct; (2) prepare a new shipping paper; or (3) ensure the tank is properly marked or placarded.

PHMSA"s Response:

If the carrier, as in the first scenario, is present during the time of unloading and the motive power is still attached to the transport vehicle, the carrier is responsible for all applicable HMR requirements, including shipping papers, marking and placarding.

Scenario 2:

A cargo tank motor vehicle or a portable tank is delivered to your site. The driver unhooks his tractor (motive power) and departs the facility. Your site employees unload the tank and a carrier is then called to return and pick up the empty residue tank. You ask whether you understanding is correct that you are the offeror and are responsible for compliance with all applicable U.S. Department of Transportation (DOT) regulations, including preparation of a shipping paper for the residue shipment in accordance with the HMR.

PHMSA"s Response:

If the carrier, as in the second scenario, has unhooked the transport vehicle and the motive power is removed from the premises, the carrier"s obligation is fulfilled and transportation has ended for them. In this scenario, when the carrier returns for the empty residue tank, Dupont is responsible for all applicable HMR requirements, including preparation of a shipping paper. Please note that if your employees perform any pre-transportation functions to prepare the cargo tank or portable tank containing the residue of a hazardous material for transportation in commerce, you are an "offeror" for purposes of the HMR. If you contract with the carrier to perform all pre-transportation functions related to the residue shipment, you are not considered an offeror for purposes of the HMR.

In addition, when a hazardous materials function is performed by a party other than yourself, you may rely on information provided by that party or may consider that a function is performed in accordance with the HMR, unless you know, or in the exercise of reasonable care, should know, that the HMR requirement is not being met in accordance with the HMR.

I hope this information is helpful. Please contact this office should you have additional questions.

Sincerely,

T. Glenn Foster,

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

172.203, 173.29

Regulation Sections