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Interpretation Response #16-0128 ([Cimarron Oil LLC] [Mr. Anthony Rausin])

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

Interpretation Response Details

Response Publish Date:

Company Name: Cimarron Oil LLC

Individual Name: Mr. Anthony Rausin

Location State: CA Country: US

View the Interpretation Document

Response text:

November 2, 2016

Anthony Rausin
Cimarron Oil LLC
9251 Brunello Ct
Bakersfield, CA 93314

Ref. No. 16-0128

Dear Mr. Rausin:

This responds to your July 26, 2016 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of “offeror” as it relates to § 173.41.  In your scenario, you describe a producer of crude oil that sells to a purchaser.  Under contract, ownership of the oil passes to the purchaser as it flows through the valve on the (producer’s) storage tank.  You note your belief that the purchaser is the “offeror” based on performance of a variety of functions including certain hazardous material pre-transportation functions, e.g., loading the crude oil from a storage tank to a transport vehicle, sampling and testing of crude oil, and preparing shipping papers.  You ask, in this case and based on the reasons provided, whether the purchaser of the crude oil is the “offeror” as defined in  § 171.8.

Based on the information provided, the purchaser is an offeror.  However, there may be multiple offerors during transportation.  As defined in § 171.8, a person who offers or offeror means any person who does either or both of the following: (1) performs, or is responsible for performing, any pre-transportation function required under this subchapter for transportation of the hazardous material in commerce; or (2) tenders or makes the hazardous material available to a carrier for transportation in commerce.  Any person that is determining the hazard class of a hazardous material, selecting a packaging, filling a package, securing a closure, or marking a package to indicate that it contains a hazardous material, etc. is an offeror (see § 171.1(b)).  

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.


Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

171.8, 173.41, 171.1(b)

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
171.8 Definitions and abbreviations
173.41 Sampling and testing program for unrefined petroleum-based products