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Interpretation Response #04-0021 ([Air Products and Chemicals, Inc] [Mr. Richard J. Lloyd])

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

Interpretation Response Details

Response Publish Date:

Company Name: Air Products and Chemicals, Inc

Individual Name: Mr. Richard J. Lloyd

Location State: PA Country: US

View the Interpretation Document

Response text:

Apr 19, 2004


Mr. Richard J. Lloyd               Reference No.:04-0021
Air Products and Chemicals, Inc.
7201 Hamilton Boulevard
Allentown, PA 18195-1501

Dear Mr. Lloyd:

This responds to your letter of February 11, 2004, and your follow-up letter of March 30, 2004, regarding the shippers’s certification prescribed in 49 CFR 172.204 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you asked whether, on your company’s behalf, a third-party carrier could perform the shipper's certification function on the shipping paper for the pick-up and transportation of hazardous materials containers being returned to your company’s plant.

You have customers whose primary business does not involve hazardous materials and, consequently, they will not issue or prepare, shipping papers for the return shipment of empty containers with a residue of a hazardous material.  Your company would supply the third-party carrier you use for pick-up with an unsigned shipping paper.  Once the empty containers with residue are inspected by the driver and found to be in compliance, the carrier would sign the shipping paper certifying the material is offered for transportation in compliance with the HMR.  You asked for confirmation that your understanding is correct that a third-party carrier may perform the shipper’s certification function.

Your understanding is correct.  At your company’s direction or through contractual arrangement, a third-party carrier may perform the functions of the offeror (shipper), such as signing the certification statement on a shipping paper to certify that an empty container with the residue of a hazardous material is being offered for transportation in accordance with the HMR.  Under the HMR, any person performing functions of an offeror must take responsibility for performing those functions in compliance with the applicable rules.
I hope this satisfy your inquiry.  If we can be of further assistance, please contact us.


John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
172.204 (a)

Regulation Sections

Section Subject
172.204 Shipper's certification