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Interpretation Response #05-0188


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

Interpretation Response Details

Response Publish Date: 11-03-2005
Company Name: FPL Group    Individual Name: Mr. Frank Nesbihal
Location state: FL    Country: US

View the Intepretation Document


Response text:

Nov 3, 2005

 

Mr. Frank Nesbihal                      Reference No. 05-0188
Senior Environmental Specialist
FPL Group
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.

Sincerely,

 

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

171.8


Regulation Sections

Section Subject
§ 171.8 Definitions and abbreviations