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Interpretation Response #04-0217 ([N & M Transfer Co., Inc] [Mr. Greg Born])

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

Interpretation Response Details

Response Publish Date:

Company Name: N & M Transfer Co., Inc

Individual Name: Mr. Greg Born

Location State: WI Country: US

View the Interpretation Document

Response text:

Mr. Greg Born                 Reference No. 04-0217
Safety Assistant
N & M Transfer Co., Inc.
630 Muttart Road
Neenah, WI 54956
Dear Mr. Born:
This is in response to your letter dated July 19, 2004 requesting clarification of the packaging requirements found in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a consignee may refuse to accept a shipment of hazardous material that shows evidence of leakage during transportation.
The answer is yes. A consignee may refuse to accept a shipment of hazardous material that shows evidence of leakage during transportation. In that case, it is the carrier’s responsibility to safely repair, overpack, store or dispose of a leaking or damaged hazardous material package in accordance with § 177.854(b) and 173.3(c).
Also note that the person in physical possession of a leaking hazardous material package at the time it is discovered in transportation must submit a Hazardous Materials Incident Report within 30 days of the discovery of the incident (173.16).
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

177.854(e)

Regulation Sections

Section Subject
177.854 Disabled vehicles and broken or leaking packages; repairs