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Interpretation Response #05-0236 ([Fisher Scientific International] [Mr. John 0. Mayfield, DGSA])

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

Interpretation Response Details

Response Publish Date:

Company Name: Fisher Scientific International

Individual Name: Mr. John 0. Mayfield, DGSA

Location State: PA Country: US

View the Interpretation Document

Response text:

Oct 28, 2005


Mr. John 0. Mayfield, DGSA                              Reference No. 05-0236
Manager, Dangerous Goods Transportation
Fisher Scientific International
2000 Park Lane
Pittsburgh, PA 15275-1 126

Dear Mr. Mayfield:

This is in response to your September 29, 2005, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for the transportation of hazardous materials by more that one offeror as amended by Docket HM-223A (July 28, 2005). Your questions are paraphrased and answered below.

Q1: May there be more than one offeror for a shipment of hazardous materials? May each offeror rely on information provided by another offeror?

Al: The answer is yes. For purposes of the HMR, an offeror is any person who: (1) performs, or is responsible for performing, any pre-transportation function required under the HMR for transportation of a hazardous material in commerce; or (2) tenders or makes the hazardous material available to a carrier for transportation in commerce. There may be more than one offeror of a shipment of hazardous materials. Each offeror is responsible for complying with the requirements of the HMR with respect to any pre-transportation function that it performs or is required to perform; however, each offeror is responsible only for the specific pre-transportation functions that it performs or is required to perform. Further, each offeror may rely on information provided by another offeror, unless that offeror knows or, a reasonable person, acting in the circumstances and exercising reasonable care, would have knowledge that the information provided by the other offeror is incorrect.

Q2: Would there be any modifications of civil penalties under the HMR, when one offeror relies on information provided by another offeror for a shipment of hazardous materials?

A2: Each person who performs a function governed by the HMR is responsible for complying with the appropriate requirements of the HMR. Penalties for noncompliance with the HMR are based on a number of statutory and regulatory factors and are determined on a case-by-case basis.

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


Regulation Sections

Section Subject
171.2 General requirements