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Sep 27, 2004 9:32 AM

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 in the Federal Register September 24.

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:
•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.
•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.

On October 30, 2003, a final rule was published under Docket HM-223 to clarify the applicability of the regulation. Provisions of the final rule are effective January 1, 2005.

Comments on RSPA's effort to clarify these definitions are due by November 23, 2004.

For more information, click here for the Federal Register.