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.