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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

Regulation Sections

Section Subject
171.2 General requirements
171.8 Definitions and abbreviations
172.204 Shipper's certification
177.817 Shipping papers