Interpretation Response #05-0188
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Nov 3, 2005
Mr. Frank Nesbihal Reference No. 05-0188
Senior Environmental Specialist
700 Universe Blvd.
Juno Beach, FL 33408
Dear Mr. Nesbihal:
This is in response to your August 8, 2005, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if DOT will clarify the relationship of the terms “offeror” and “shipper” in the HMR and when they are applicable to use.
Under final rulemaking HM-223A (70 43638; July 28, 2005), PHMSA amended the HMR to add a definition for “person who offers or offeror” in order to codify long-standing interpretations and administrative determinations on the applicability of those regulations. Within this final rule, PHMSA defined in § 171.8 “person who offers or offeror” to mean any person who performs or is responsible for performing any pre-transportation function required by the HMR or who tenders or makes the hazardous material available to a carrier for transportation in commerce. When the word “shipper” is used, such as in the title of Part 173 — “Shippers-General Requirements for Shipments and Packagings” — that word refers to a person who prepares a shipment for transportation. As already discussed, that person may also be a carrier, when it prepares the shipment for its own transportation (as a private carrier) or for transportation by a succeeding carrier. The word “shipper” is not used in the HMR in a commercial or contractual sense that denotes the economic arrangements of a shipment.
I hope this satisfies your request.
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 171.8||Definitions and abbreviations|