Minnesota Department of Transportation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department JUL 25 2003 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration Mr. Michael Ritchie Hazardous Materials Specialist Ref. No. 02-0259 Minnesota Department of Iransportation Office of Motor Carrier Services 1110 Centre Pointe Curve MS 420 Mendota Heights, MN 55120 Dear Mr. Ritchie: This responds to your letter requesting the clarification of several terms and issues under the Hazardous Materials paraphrased and answered as follows: Regulations (HMR; 49 CER Parts 171-180). Your questions are Q1. What is the definition of "contract carrier" when containing the residue of a hazardous material in § 173.29 (c) and determining eligibility under the exceptions for empty packagings other similar sections in the HMR? manner as in the former Interstate Commerce Act ("the Act, " now Al. The term "contract carrier" is used in the HMR in the same compensation, passengers or property in commerce "under repealed) to mean a person who transports by motor vehicle, for continuing contracts with one person or a limited number of through the assignment of motor vehicles for a continuing period persons either (a) for the furnishing of transportation services of time to the exclusive use of such person served or (b) for the furnishing of transportation services designed to meet the distinct need of each individual customer." A contract carrier provides "specialized service" to its customers, and the Act number of shippers to be served [and] the nature of the service" required the Interstate Commerce Commission to consider "the provided by a contract carrier. A contract carrier is distinguished from a "common carrier" who "holds itself out to the general public [to transport] passengers an propertyate cares crasses ties for compens to the purposes of sale, lease, or "in furtherance of any commercial enterprise." 113.29 020259 motoringi#

Page 2Qla. Is this definition applicable to intrastate shipments? Ala. Yes, the HMR apply to the interstate and intrastate transportation of hazardous materials in commerce. Q2. Must the transport vehicle be contracted for exclusive use between one shipper and the carrier or may there be multiple contracted shippers utilizing the same transport vehicle under the empty packaging exceptions in $ 173.29 (c) ? from multiple offerors, A2. Under § 173.29 (c), a contract carrier may transport packages the empty packagings containing residue are collected for on the same transport vehicle, provided purposes of reconditioning, remanufacture or reuse. What constitutes "a motor vehicle used exclusively to transport" under the exceptions for diagnostic specimens and biological products when transported by contract carriage in $ 173.134 (b) (6)? A3. Under the "used the motor vehicle used to transport the diagnostic specimens and exclusively" provisions of § 173.134 (b) (6), and laboratory products and no other materials. The medical or biological products may carry only medical or clinical equipment packaged and secured against exposure or contamination. clinical equipment and laboratory products must be properly Q3a. What constitutes "a vehicle dedicated to the transportation" by contract or private carriage in § 173.134 (c)? under the exceptions for regulated medical waste when transported A3a. Under the "dedicated use" provisions of $ 173.134 (c), the motor vehicle used to transport the regulated medical waste may carry only medical or clinical equipment and laboratory products and no other materials. laboratory products must be properly packaged and secured against The medical or clinical equipment and exposure or contamination. unce anothered indiced and syreme used indicated $ 173.134, these terms apply to the materials authorized to be these terms may be shipper specific. For example, under carried aboard a transport vehicle. However, in certain cases "exclusive use" of the refiller in in the definition § 173.28 (b) (7) or as specified of "exclusive use" in § 173.403. "dedicated use" transport vehicle to general use? Under what Q4. Can a contract carrier return an "exclusive use" or a conditions? A4. Yes. biological products or regulated medical waste is completed, a Once the transportation of diagnostic specimens or motor vehicle can be used to transport other materials.#

Page 325. Could • single trip be considered the "dedicated use" or "exclusive use" of a transport vehicle under § 173.134 (b) (6) and (c) ? There are no minimum number of trips required to satisfy this requirement. I trust this information is helpful. Please contact us again if we can be of further assistance. Sincerely, Hathe z. Mithell Chief, Regulatory Review and Reinvention Hattie I. Mitchell Office of Hazardous Materials Standards#

Page 4MINNESOTA Minnesota Department of Transportation Mail Stop 420 Office of Motor Carrier Services Mendota Heights, MN 55120-4152 1110 Centre Pointe Curve Fax: 651/405-6082 Tel: 651/405-6060 September 19, 2002 Stevens $ |73.24 Edward Mazzullo USDOT - RSPA Director, Office of Hazardous Materials Standards Empty. DHM-10 Packaging 400 Seventh St. S.W. Washington, DC 20590 02-0259 Dear Mr. Mazzullo, The Hazardous Materials Transportation Regulations (HMR) provide exceptions from some requirements when certain materials or types of packaging is transported by a private or contract carrier. 49 CFR 173.29 (c) (2) excepts shipments of non-bulk packaging containing only the residue of hazardous materials from the shipping papers requirements when transported by contract or private carriers for reuse or reconditioning. Hazardous material cargo inspections conducted by this Agency under the Federal Motor Carrier Safety Administration's HM Package Inspection Program have discovered residue containing package shipments transported by common carriers not documented with shipping papers. The North American Standard Hazardous Materials Out-of-Service missing. The Federal Motor Carrier Safety Administration SAFER web site allows Criteria state that an out of service condition exists when required shipping papers are enforcement personnel to check if an interstate carrier has contract authority, but some states no longer issue intrastate contract carrier authority. exceptions in § 173.29 (c) and other similar sections of the HMR? Is this definition 1. What definition of "contract carrier" is used for determining the applicability of the applicable to intrastate shipments? 2. To utilize the exception in § 173.29 (c) (2), must the transport vehicle be assigned for of mixed or less than truckload shipments from many shippers if the for hire carrier and exclusive use by the shipper, or can the shipment of residue containing packages be part shipper have a contract? An equal opportunity employer#

Page 5The revised regulations on infectious substances in Docket HM-226, provide exceptions carried by private or contract carriers in vehicles dedicated to moving those materials. for shipments of diagnostic specimens and regulated medical waste in $173.134, when Diagnostic specimens as are frequently transported by courier services that may or may not have contract carrier authority. Many diagnostic specimen packages are transported by courier services in vehicles that are carrying packages from many shippers. The revised § 173.134, paragraph (b) (6), provides some exceptions for packages of diagnostic specimens and regulated medical waste when transported by private or contract carriers in motor vehicles used exclusively to transport those specimens, for cultures and stocks of division 6.2 materials transported by private or contract carriers biological products, and related equipment. Paragraph (c) of that section gives exceptions in vehicles dedicated to the transportation of regulated medical waste. 3. What constitutes exclusive use of a vehicle as referenced in 173.134 (b) (6)? Could a contract carrier use exclusively a vehicle for delivery of one shipment of diagnostic specimens, and then return that vehicle to general use? 4. What constitutes dedicated use as referenced in paragraph (c)? Is a single truckload shipment dedicated use for RMW transportation? What steps would have to be taken by the carrier to remove a unit from dedicated RMW service? Thank you for clarification on these issues. Yours truly, Mutal Rittel Michael Ritchie Hazardous Materials Specialist Minnesota Department of Transportation Office of Motor Carrier Services 1110 Centre Pointe Curve MS 420 (651) 405-6120 Mendota Heights, MN 55120 Michael. Ritchie@dot.state.mn.us cc: Daniel Drexler, Federal Motor Carrier Safety Adminstration#