Interpretation Response #10-0192 ([Scopelitis, Garvin, Light, Hanson & Feary] [Mr. Timothy Wiseman])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Scopelitis, Garvin, Light, Hanson & Feary
Individual Name: Mr. Timothy Wiseman
Location State: IN Country: US
View the Interpretation Document
Response text:
October 5, 2010
Mr. Timothy Wiseman
Scopelitis, Garvin, Light, Hanson & Feary
10 W. Market Street, Suite 1500
Indianapolis, IN 46204
Ref. No.: 10-0192
Dear Mr. Wiseman:
This responds to your August 31, 2010 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification of the shipping paper requirements in § 172.204 and § 177.817. Your questions are paraphrased and answered as follows:
Q1) May a carrier correct a shipping paper after it has been certified by the shiper by crossing out the entry for a hazardous material, which was not accepted by the motor carrier because it did not comply with the packaging requirements in the HMR?
A1) Yes. A carrier with knowledge of incorrect information may not continue to use that information (see § 171.2(e) and (f)) and must resolve any discrepancies pertaining to the shipment before it is accepted for transportation.
Q2) By correcting a shipping paper after it has been certified by the shipper, does the motor carrier become the offeror of the hazardous material?
A2) No. A carrier is not an offeror when it performs a function required by the HMR as a condition of acceptance of a hazardous material for transportation in commerce ( e.g., reviewing shipping papers, examining packages to ensure that they are in conformance with the HMR, or preparing shipping documentation for its own use) or when it transfers a hazardous material to another carrier for continued transportation in commerce without performing a pre-transportation function (see § 171.8, definition of person who offers or offeror).
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Ben Supko
Acting Chief, Standards Development
Office of Hazardous Materials Standards
172.204, 177.817, 171.1, 171.8