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In This Issue

  1. DOT Pipeline Compliance Workshop – August 17-18, 2005
  2. Need to update your Public Awareness Program?
  3. Pipeline Emergencies Training Program
  4. Integrity Management Services
  5. Proposed Rule to Update Regulatory References to Technical Standards
  6. “Person Who Offers” a Hazardous Material for Transportation
  7. RCP Services Spotlight – Underwater Inspection Procedures and Interval Risk Modeling
  8. O&M Manual Up-To-Date?
  9. Public Meeting on Applying, Interpreting, and Evaluating Data from ILI Devices
  10. Need to Update Your Current Operator Qualification Program?
  11. Beginning Steps on Pipeline Security Legislation
  12. Integrity Management Plan Up-to-Date?
  13. Integrity Management Notification for Gas Transmission Lines
  14. Are Your Response Plans Current?
  15. Congress Clears Energy Bill
  16. Temporary Water Right Authorizations Required from Texas Commission on Environmental Quality
  17. Pipeline Professionals Referrals

“Person Who Offers” a Hazardous Material for Transportation

PHMSA is amending the Hazardous Materials Regulations to add a definition for “person who offers or offeror.” The definition adopted in this final rule codifies long-standing interpretations and administrative determinations on the applicability of those regulations. This final rule makes the following revisions to the HMR:

Defining “person who offers or offeror” to mean any person who performs or is responsible for performing any pre-transportation function required by the HMR or who tenders or makes the hazardous material available to a carrier for transportation in commerce. A carrier is not an offeror when it performs a function as a condition of accepting a hazardous material for transportation in commerce or when it transfers a hazardous material to another carrier for continued transportation without performing a pre-transportation function.

Clarifying that there may be more than one offeror of a hazardous material and that each offeror is responsible only for the specific pre-transportation functions that it performs or is required to perform.

Clarifying that each offeror or carrier may rely on information provided by a previous offeror or carrier unless the offeror or carrier knows or, a reasonable person acting in the circumstances and exercising reasonable care, would have knowledge that the information provided is incorrect.

This final rule is effective October 1, 2005.