Interpretation Response #04-0217
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Mr. Greg Born Reference No. 04-0217
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.
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 177.854||Disabled vehicles and broken or leaking packages; repairs|