Interpretation Response #05-0236 ([Fisher Scientific International] [Mr. John 0. Mayfield, DGSA])

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

Interpretation Response Details

Response Publish Date: 10/28/2005

Company Name: Fisher Scientific International

Individual Name: Mr. John 0. Mayfield, DGSA

Location State: PA Country: US

View the Interpretation Document

Response text:

Oct 28, 2005

Mr. John 0. Mayfield, DGSA                              Reference No. 05-0236
Manager, Dangerous Goods Transportation
Fisher Scientific International
2000 Park Lane
Pittsburgh, PA 15275-1 126

Dear Mr. Mayfield:

This is in response to your September 29, 2005, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for the transportation of hazardous materials by more that one offeror as amended by Docket HM-223A (July 28, 2005). Your questions are paraphrased and answered below.

Q1: May there be more than one offeror for a shipment of hazardous materials? May each offeror rely on information provided by another offeror?

Al: The answer is yes. For purposes of the HMR, an offeror is any person who: (1) performs, or is responsible for performing, any pre-transportation function required under the HMR for transportation of a hazardous material in commerce; or (2) tenders or makes the hazardous material available to a carrier for transportation in commerce. There may be more than one offeror of a shipment of hazardous materials. Each offeror is responsible for complying with the requirements of the HMR with respect to any pre-transportation function that it performs or is required to perform; however, each offeror is responsible only for the specific pre-transportation functions that it performs or is required to perform. Further, each offeror may rely on information provided by another offeror, unless that offeror knows or, a reasonable person, acting in the circumstances and exercising reasonable care, would have knowledge that the information provided by the other offeror is incorrect.

Q2: Would there be any modifications of civil penalties under the HMR, when one offeror relies on information provided by another offeror for a shipment of hazardous materials?

A2: Each person who performs a function governed by the HMR is responsible for complying with the appropriate requirements of the HMR. Penalties for noncompliance with the HMR are based on a number of statutory and regulatory factors and are determined on a case-by-case basis.

I hope this information is helpful. Please contact us if you require additional assistance

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

171.2(b)

Regulation Sections