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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #08-0022 ([YRC Worldwide Enterprise Service, Inc.] [Mr. Greg T. Neylon])

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

Interpretation Response Details

Response Publish Date:

Company Name: YRC Worldwide Enterprise Service, Inc.

Individual Name: Mr. Greg T. Neylon

Location State: KS Country: US

View the Interpretation Document

Response text:

February 4, 2008


Mr. Greg T. Neylon

Senior Chemical Transportation Administrator

YRC Worldwide Enterprise Services, Inc.

10990 Roe Avenue

Overland Park, Kansas 66211

Ref. No.: 08-0022

Dear Mr. Neylon:

This responds to your December 6, 2007 letter concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to persons who transport hazardous materials in commerce. Specifically, you ask whether a carrier may also meet the definition for "person who offers or offeror" under the HMR.

The answer is yes. As defined in § 171.8, a "person who offers or 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. The definition recognizes that a carrier may be required to perform certain pre-transportation functions in order to facilitate or continue the transportation of a hazardous material in commerce. If a carrier performs a pre-transportation function, the carrier is an offeror for purposes of the HMR and must perform the function in accordance with applicable regulatory requirements.

The HMR consider certain operations to be either pre-transportation or transportation functions, depending on the entity that performs them or the context in which they are performed. For example, pre-transportation functions include loading, blocking and bracing, and segregating a hazardous material in a transport vehicle or freight container when these operations are conducted by a shipper. However, loading operations, including blocking and bracing and segregating a hazardous material in a transport vehicle or freight container, are considered "loading incidental to movement" and, thus, transportation functions when they are performed by carrier personnel or in the presence of carrier personnel. A carrier that loads a transport vehicle or freight container is performing a transportation function and is not considered "a person who offers or offeror" for purposes of the HMR.

Similarly, a carrier is not an offeror when it performs a function as a condition of accepting a hazardous material for transportation in commerce. Selecting, providing, or affixing placards on a freight container or transport vehicle is a pre-transportation function when performed at the time a package or shipment is initially prepared for transportation. However, a carrier who provides and affixes placards to a freight container or transport vehicle performs these functions as a condition of acceptance and is not considered "a person who offers or offeror" for purposes of the HMR.

Notwithstanding the designation of an operation as a pre-transportation or transportation function, the person performing the function is responsible for performing it in accordance with all applicable HMR requirements. The same is true for a carrier performing functions as a condition of acceptance of a hazardous material in commerce. Note that a carrier may rely on information provided by a prior offeror or carrier unless the carrier knows, or in the exercise of reasonable care, should know that the information provided is incorrect.

I hope this information is helpful.

Sincerely,

Edward T. Mazzullo

Director, Office of Hazardous

Materials Standards

171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations