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Interpretation Response #01-0273 ([Mr. T.L. Nebrich] [Mr. T.L. Nebrich])

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

Interpretation Response Details

Response Publish Date:

Company Name: Mr. T.L. Nebrich

Individual Name: Mr. T.L. Nebrich

Location State: NY Country: US

View the Interpretation Document

Response text:

November 30, 2001

 

Mr. T.L. Nebrich                                Reference No. 01-0273
Technical Director
Waste Technology Services, Inc.
640 Park Place
Niagra Falls, NY 14301

Dear Mr. Nebrich:

This is in response to your October 23, 2001 letter and subsequent telephone conversation with a member of my staff requesting clarification of the provisions in §§ 173.506 and 177.848 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

Your questions are paraphrased and answered as follows:

Ql.       Are shippers who offer less than placardable amounts of  hazardous materials, in non-bulk packagings, accountable for the materials previously loaded on the vehicle and required to provide placards to the carrier if the transport vehicle contains a placardable amount of
hazardous material?

Al.        The answer is no.  According to 172.506(a)(1), the requirement for a shipper to provide placards is limited to the material being offered by that shipper.  However, the carrier may not transport the hazardous material unless the vehicle is properly placarded.  See § 172.506(a)(2).

Q2.     Would the segregation requirements apply to the shipper, provided the transport vehicle arrive loaded with other hazardous materials?

A2.     It is the carrier's responsibility to comply with the segregation requirements.  However, it is possible for shippers to conduct functions of a carrier, such as loading a vehicle trailer.  In the event a shipper conducts or participates in the loading process of a hazardous material onto a transport vehicle, they must comply with the applicable requirements in §.177.848.    (See § 173.30).

I hope this satisfies your request.

Sincerely,

 

Delmer F. Billings
Chief, Standards Development
Office of  Hazardous Materials Standards

November 30, 2001

 

Mr. T.L. Nebrich                                Reference No. 01-0273
Technical Director
Waste Technology Services, Inc.
640 Park Place
Niagra Falls, NY 14301

Dear Mr. Nebrich:

This is in response to your October 23, 2001 letter and subsequent telephone conversation with a member of my staff requesting clarification of the provisions in §§ 173.506 and 177.848 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

Your questions are paraphrased and answered as follows:

Ql.       Are shippers who offer less than placardable amounts of  hazardous materials, in non-bulk packagings, accountable for the materials previously loaded on the vehicle and required to provide placards to the carrier if the transport vehicle contains a placardable amount of hazardous material?

Al.        The answer is no.  According to 172.506(a)(1), the requirement for a shipper to provide placards is limited to the material being offered by that shipper.  However, the carrier may not transport the hazardous material unless the vehicle is properly placarded.  See § 172.506(a)(2).

Q2.     Would the segregation requirements apply to the shipper, provided the transport vehicle arrive loaded with other hazardous materials?

A2.     It is the carrier's responsibility to comply with the segregation requirements.  However, it is possible for shippers to conduct functions of a carrier, such as loading a vehicle trailer.  In the event a shipper conducts or participates in the loading process of a hazardous material onto a transport vehicle, they must comply with the applicable requirements in §.177.848. (See § 173.30).

I hope this satisfies your request.

Sincerely,

 

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

172.504

Regulation Sections

Section Subject
172.504 General placarding requirements