RSPA Issues Proposed Rule to Define "Person Who Offers or Offeror" for Purposes of Hazmat Regulations, Etc
The Department of Transportation's Research and Special Programs Administration (RSPA) has issued a proposed rule that would add to the Hazardous Materials Regulations (HMR) a definition for "person who offers or offeror" in order to codify long-standing interpretations of the applicability of the HMR to persons who offer hazardous materials (hazmats) for transportation in commerce.
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In addition to defining these terms in 49 CFR 171.8, RSPA is also proposing to amend 49 CFR 171.2 in order to make certain clarifications.
RSPA's Proposed Definition of "Person who Offers or Offeror"
In 49 CFR 171.8, RSPA has proposed to add the following definition for "person who offers or offeror":
- Any person who does either or both of the following:
i. Performs, or is responsible for performing, any pre-transportation function required under this subchapter for transportation of the hazmat.
ii. Tenders or makes the hazmat available to the carrier for transportation in commerce.
- A carrier that transfers, interlines, or interchanges hazardous material to another carrier for continued transportation is not an offeror when it does not perform any pre-transportation function.
(In the preamble to the proposed rule, RSPA states that this proposed definition would include a person who makes hazmats available to a carrier for transportation in commerce when pre-transportation functions that should have been performed under the HMR were not, in fact, performed (e.g. when a person tenders undeclared hazmats for transportation).
RSPA also states that the proposed definition covers an entity that transports its own hazmats, or an airline passenger who transports hazmats in carry-on or checked baggage.)
RSPA's Proposed Amendments to HMR General Requirements
In addition to adding the above-described definition, RSPA states that its proposed rule would amend 49 CFR 171.2 so as to make explicit that:
There may be more than one offeror of a hazmat shipment;
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;
(Each offer is responsible only for the specific pre-transportation functions that it performs or is required to perform.)
For a shipment involving more than one offeror, each offeror may rely on information provided by another offeror, unless the offeror knows or, in the exercise of reasonable care, should know that the information is incorrect. In a similar manner, a carrier may rely on information it receives from an offeror or a prior carrier, unless the carrier knows or, in the exercise of reasonable care, should know that the information is incorrect.
(RSPA also states in the preamble that a freight forwarder who arranges for the transportation of a hazmat, but performs no pre-transportation functions associated with that shipment, is not an offeror for purposes of the HMR.)
(See ITT's Online Archives or 09/30/04 news, 04093010, for latest BP summary of RSPA final rule on applicability of HMR to hazmat loading, unloading, storage, etc.)
-written comments must be submitted on or before November 23, 2004
RSPA contact - Frazer Hilder (202) 366-4400
RSPA proposed rule (D/N RSPA-04-19173(HM-223A), FR Pub 09/24/04) available athttp://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-21535.pdf