In This Issue

“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.