{"operation":"document","citation":"02-0259","title":"Minnesota Department of Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-07-25","effective_on":null,"summary":"02-0259 response to Minnesota Department of Transportation concerning 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0259.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0259.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0259","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020259.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nJUL 25 2003\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nMr. Michael Ritchie\nHazardous Materials Specialist\nRef. No. 02-0259\nMinnesota Department of Iransportation\nOffice of Motor Carrier Services\n1110 Centre Pointe Curve\nMS 420\nMendota Heights, MN 55120\nDear Mr. Ritchie:\nThis responds to your letter requesting the clarification of\nseveral terms and issues under the Hazardous Materials\nparaphrased and answered as follows:\nRegulations\n(HMR; 49 CER Parts 171-180). Your questions are\nQ1.\nWhat is the definition of \"contract carrier\" when\ncontaining the residue of a hazardous material in § 173.29 (c) and\ndetermining eligibility under the exceptions for empty packagings\nother similar sections in the HMR?\nmanner as in the former Interstate Commerce Act (\"the Act, \" now\nAl. The term \"contract carrier\" is used in the HMR in the\nsame\ncompensation, passengers or property in commerce \"under\nrepealed) to mean a person who transports by motor vehicle, for\ncontinuing contracts with one person or a limited number of\nthrough the assignment of motor vehicles for a continuing period\npersons either (a) for the furnishing of transportation services\nof time to the exclusive use of such person served or (b) for the\nfurnishing of transportation services designed to meet the\ndistinct need of each individual customer.\" A contract carrier\nprovides \"specialized service\" to its customers, and the Act\nnumber of shippers to be served [and] the nature of the service\"\nrequired the Interstate Commerce Commission to consider \"the\nprovided by a contract carrier.\nA contract carrier is distinguished from a \"common carrier\" who\n\"holds itself out to the general public [to transport] passengers\nan propertyate cares crasses ties for compens to the\npurposes of sale,\nlease, or \"in furtherance of any commercial\nenterprise.\"\n113.29\n020259\nmotoringi\n\n<<<PAGE 2>>>\n\nQla. Is this definition applicable to intrastate shipments?\nAla. Yes, the HMR apply to the interstate and intrastate\ntransportation of hazardous materials\nin commerce.\nQ2. Must the transport vehicle be contracted for exclusive use\nbetween one shipper and the carrier or may there be multiple\ncontracted shippers utilizing the same transport vehicle under\nthe empty packaging exceptions in\n$ 173.29 (c) ?\nfrom multiple offerors,\nA2. Under § 173.29 (c), a contract carrier may transport packages\nthe empty packagings containing residue are collected for\non the same transport vehicle, provided\npurposes of reconditioning, remanufacture or reuse.\nWhat constitutes \"a motor vehicle used exclusively to\ntransport\" under the exceptions for diagnostic specimens and\nbiological products when transported by contract carriage in\n$ 173.134 (b) (6)?\nA3. Under the \"used\nthe motor vehicle used to transport the diagnostic specimens and\nexclusively\" provisions of § 173.134 (b) (6),\nand laboratory products and no other materials. The medical or\nbiological products may carry only medical or clinical equipment\npackaged and secured against exposure or contamination.\nclinical equipment and laboratory products must be properly\nQ3a. What constitutes \"a vehicle dedicated to the transportation\"\nby contract or private carriage in § 173.134 (c)?\nunder the exceptions for regulated medical waste when transported\nA3a. Under the \"dedicated use\" provisions of $ 173.134 (c), the\nmotor vehicle used to transport the regulated medical waste may\ncarry only medical or clinical equipment and laboratory products\nand no other materials.\nlaboratory products must be properly packaged and secured against\nThe medical or clinical equipment and\nexposure or contamination.\nunce anothered indiced and syreme used indicated\n$ 173.134, these terms apply to the materials authorized to be\nthese terms may be shipper specific. For example, under\ncarried aboard a transport vehicle. However, in certain cases\n\"exclusive use\" of the refiller in\nin the definition\n§ 173.28 (b) (7) or as specified\nof \"exclusive use\" in § 173.403.\n\"dedicated use\" transport vehicle to general use? Under what\nQ4. Can a contract carrier return an \"exclusive use\" or a\nconditions?\nA4. Yes.\nbiological products or regulated medical waste is completed, a\nOnce the transportation of diagnostic specimens or\nmotor vehicle can be used to transport other materials.\n\n<<<PAGE 3>>>\n\n25.\nCould\n• single trip be considered the \"dedicated use\" or\n\"exclusive use\" of a transport vehicle under § 173.134 (b) (6) and\n(c) ?\nThere are no minimum number of trips required to\nsatisfy this requirement.\nI trust this information is helpful. Please contact us again if\nwe can\nbe of further assistance.\nSincerely,\nHathe z. Mithell\nChief, Regulatory Review and Reinvention\nHattie I. Mitchell\nOffice of Hazardous Materials Standards\n\n<<<PAGE 4>>>\n\nMINNESOTA\nMinnesota Department of Transportation\nMail Stop 420\nOffice of Motor Carrier Services\nMendota Heights, MN 55120-4152\n1110 Centre Pointe Curve\nFax: 651/405-6082\nTel: 651/405-6060\nSeptember 19, 2002\nStevens\n$ |73.24\nEdward Mazzullo\nUSDOT - RSPA\nDirector, Office of Hazardous Materials Standards\nEmpty.\nDHM-10\nPackaging\n400 Seventh St. S.W.\nWashington, DC 20590\n02-0259\nDear Mr. Mazzullo,\nThe Hazardous Materials Transportation Regulations (HMR) provide exceptions from\nsome requirements when certain materials or types of packaging is transported by a\nprivate or contract carrier. 49 CFR 173.29 (c) (2) excepts shipments of non-bulk\npackaging containing only the residue of hazardous materials from the shipping papers\nrequirements when transported by contract or private carriers for reuse or reconditioning.\nHazardous material cargo inspections conducted by this Agency under the Federal Motor\nCarrier Safety Administration's HM Package Inspection Program have discovered\nresidue containing package shipments transported by common carriers not documented\nwith shipping papers. The North American Standard Hazardous Materials Out-of-Service\nmissing. The Federal Motor Carrier Safety Administration SAFER web site allows\nCriteria state that an out of service condition exists when required shipping papers are\nenforcement personnel to check if an interstate carrier has contract authority, but some\nstates no longer issue intrastate contract carrier authority.\nexceptions in § 173.29 (c) and other similar sections of the HMR? Is this definition\n1. What definition of \"contract carrier\" is used for determining the applicability of the\napplicable to intrastate shipments?\n2. To utilize the exception in § 173.29 (c) (2), must the transport vehicle be assigned for\nof mixed or less than truckload shipments from many shippers if the for hire carrier and\nexclusive use by the shipper, or can the shipment of residue containing packages be part\nshipper have a contract?\nAn equal opportunity employer\n\n<<<PAGE 5>>>\n\nThe revised regulations on infectious substances in Docket HM-226, provide exceptions\ncarried by private or contract carriers in vehicles dedicated to moving those materials.\nfor shipments of diagnostic specimens and regulated medical waste in $173.134, when\nDiagnostic specimens as are frequently transported by courier services that may or may\nnot have contract carrier authority. Many diagnostic specimen packages are transported\nby courier services in vehicles that are carrying packages from many shippers.\nThe revised § 173.134, paragraph (b) (6), provides some exceptions for packages of\ndiagnostic specimens and regulated medical waste when transported by private or\ncontract carriers in motor vehicles used exclusively to transport those specimens,\nfor cultures and stocks of division 6.2 materials transported by private or contract carriers\nbiological products, and related equipment. Paragraph (c) of that section gives exceptions\nin vehicles dedicated to the transportation of regulated medical waste.\n3. What constitutes exclusive use of a vehicle as referenced in 173.134 (b) (6)? Could a\ncontract carrier use exclusively a vehicle for delivery of one shipment of diagnostic\nspecimens, and then return that vehicle to general use?\n4. What constitutes dedicated use as referenced in paragraph (c)? Is a single truckload\nshipment dedicated use for RMW transportation? What steps would have to be taken by\nthe carrier to remove a unit from dedicated RMW service?\nThank you for clarification on these issues.\nYours truly,\nMutal Rittel\nMichael Ritchie\nHazardous Materials Specialist\nMinnesota Department of Transportation\nOffice of Motor Carrier Services\n1110 Centre Pointe Curve\nMS 420\n(651) 405-6120\nMendota Heights, MN 55120\nMichael. Ritchie@dot.state.mn.us\ncc: Daniel Drexler, Federal Motor Carrier Safety Adminstration","truncated":false,"body_characters":8663}