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Interpretation Response #05-0088 ([Thunderbird Cylinder, Inc.] [Mr. Fred A. Nachrnan])

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

Interpretation Response Details

Response Publish Date:

Company Name: Thunderbird Cylinder, Inc.

Individual Name: Mr. Fred A. Nachrnan

Location State: AZ Country: US

View the Interpretation Document

Response text:

Jun 1, 2006


Mr. Fred A. Nachrnan                      Reference No. 05-0088
Thunderbird Cylinder, Inc.
4209 E. University Drive
Phoenix, AZ 85034-7315

Dear Mr. Nachman:

This responds to your letter regarding offeror functions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a carrier may perform certain offeror functions, such as generating shipping papers, on behalf of an owner/user of cylinders. Your employees pick up cylinders from customers for requalification testing and generate shipping papers for transportation to and from your retesting facility. You ask if this is a violation of the HMR.

There is nothing in the HMR that prohibits a carrier from performing offeror functions. However, the functions must be performed in accordance with the HMR. This would include functions such as the correct identification of hazardous materials packaged in cylinders and the proper description of the hazardous material on the shipping paper. See § 172.3(b). In addition, a person who offers a hazardous material for transportation is required to certify on a shipping paper that the hazardous material is being offered in accordance with the HMR as specifies in § 172.204(a). I suggest that you contact the office of the Pipeline and Hazardous Material Safety Administration’s Office of Hazardous Materials Special Permits and Approvals, at (202) 366-4535, concerning the transport of cylinders containing unknown contents.

The HMR also provide exceptions from shipping papers and placarding for non-bulk packagings such as cylinders, which contain only the residue of a hazardous material covered by Table 2 of § 172.504, when collected and transported by a private or contract carrier. See § 173.29(c).

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.



Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

172.200, 172.204(a)

Regulation Sections

Section Subject
172.200 Applicability
172.204 Shipper's certification