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Interpretation Response #01-0136 ([Law Offices of Fennemore Craig] [Anne N. Christenson, Esq.])

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

Interpretation Response Details

Response Publish Date:

Company Name: Law Offices of Fennemore Craig

Individual Name: Anne N. Christenson, Esq.

Location State: AZ Country: US

View the Interpretation Document

Response text:

AUG 20, 2001


Anne N. Christenson, Esq.                         Ref. No. 01-0136
Law Offices of Fennemore Craig
3003 North Central Avenue
Suite 2600
Phoenix, AZ 85012-2913

Dear Ms. Christenson:

This is in response to your letter dated May 28, 2001, requesting clarification of the term “offeror' under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you present the following two scenarios and ask whether these activities are subject to the HMR.

In the first scenario, Company A performs all offeror functions, such as selecting and preparing packages for shipment and generating shipping papers for their product. As such, Company A would be considered the offerer for purposes of HMR applicability.

In the second scenario, Company B physically prepares packagings containing Company A's product and generates shipping papers with Company A's oversight. Company A selects the packaging for their product. Because Company A and Company B split the performance of offeror functions, both companies are subject to the HMR as offerors.

The requirements of the HMR apply to persons who offer for transportation, accept for transportation or transport hazardous materials. Anyone of several entities in a transportation movement could perform, singly or in combination, regulated functions (e.g., preparation of shipping papers, selection of packaging, etc.).

For purposes of administration and enforcement of the HMR, any person who performs, attempts to perform, or is obligated (by contract or otherwise) to perform any of the functions assigned by the HMR to an offeror in § 173.22 is subject to the HMR as an offeror.

I hope this satisfies your request.



John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.22 Shipper's responsibility