The Research and Special Programs Administration (RSPA) is proposing to add to the hazardous materials regulations (49 CFR Part 171) a definition for a person who offers or is an offeror of hazardous materials, according to information published Sept 24, 2004, in the Federal Register.
RSPA is proposing the definition to apply to a person transporting hazardous materials in commerce; causing hazardous material to be transported in commerce; or manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a packaging or a container that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous materials.
Included in the proposal to clarify the person who offers or is an offeror of hazardous materials are:
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Any person who performs, or is responsible for performing, any pre-transportation function required under this subchapter for transportation of the hazardous material and/or tenders or makes the hazardous material available to a carrier for transportation in commerce.
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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.
A final rule was published Oct 30, 2003, under Docket HM-223 to clarify the applicability of the regulation. Provisions of the final rule take effect Jan 1, 2005. Comments on RSPA's effort to clarify these definitions are due by Nov 23, 2004.
To see the entire rule in the Federal Register, go to the Internet at www.access.gpo.gov.