Industrial Health & Safety Consultants — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration NOV 7 2006 Ms. Denese Deeds Industrial Health & Safety Consultants Ref. No.: 06-0214 17 Hazel Terrace Woodbridge, CT 06525 Dear Ms. Deeds: This is in response to your September 19, 2006, letter requesting clarification of (49 CFR Parts 100-185). Specifically, you ask whether contract logistics providers who are responsible for the preparation of shipping papers and the loading and unloading of hazardous material shipments must register. In your letter, you present the following scenario: Company "A" contracts the delivery of mail, equipment, and hazardous materials between its facilities to a contract logistics provider, Company "B". While Company "B" and its personnel are responsible for the movement of these deliveries, Cornpany "A" is the offeror of the hazardous material and their equipment is used and at no time does ownership of the materials transfer to Company "B". As the logistics provider, Company "B" is responsible for the preparation of shipping papers and the loading and unloading of the hazardous material shipments. You further note that many of the hazardous material shipments utilize public roads and require placards. The answer is yes. In accordance with § 107.601, a person who offers or transports hazardous materials in the amounts listed must register. Based on the scenario described in your letter, the person who transports, loads, unloads or prepares a shipping paper for a hazardous material shipment in an amount required for registration, must register. You should also be aware the requirement to register is retroactive and registration is required for all prior years in which a person was engaged in activities requiring a hazardous material registration and failed to register. I hope this satisfies your request. Sincerely, TakE bits Charles E. Betts Senior Transportation Specialist Office of Hazardous Materials Standards 107.601 173.22 060214#

Page 2INFOCNTR < PHMSA> From: To: Sent: REGISTER < PHMSA> Tuesday, September 19, 2006 9:51 AN BAH Subject: FW: INFOCNTR <PHMSA> 3107.60, 3173.22 COMPLETED BY TELEPHONE 9/19/2006 GR 3: 05PM Registration" Shisperibility John James Catapult Technology 06-0214 Administration Contractor to Department of Transportation Pipeline and Hazardous Materials Safety john. james@dot.gov (202) 366-4518 From: Nobody [mailto:nobody@bugatti.volpe.dot.gov] -----Original Message---- To: REGISTER < PHMSA> Sent: Tuesday, September 19, 2006 10:00 AM Subject: Subject: Registration Program d.deeds@ih-sc.com Denese Deeds (d.deeds@ih-sc.com) on Tuesday, September 19, 2006 is the result of your feedback form. Questions/Comments It was submitted by at 10:00:11. Email: d.deeds@ih-sc.com Name: Denese Deeds Category: Do I Have to Register? Organization: Industrial Health & Safety Consultants Street: 17 Hazel Terrace City: Woodbridge State: Connecticut Zip Code: 06525 Phone: 203-929-3473 Fax: 203-929-5823 Comments: Dear Sir or Madam; The purpose of this letter is to request clarification of the DOT requirement for Hazmat (Company A) that uses a contract logistics provider (Company B) to make deliveries of nail, courier packages, equipment, and Company A materials including hazardous materials party logistics provider and at no time has title or ownership interest in the etween various Company A facilities in a limited geographic area. Company B is a third materials are carried on public roads. Both the hazardous materials and vehicles are owned shipments/deliveries. The hazardous materials require placarding in some cases and the 1#

Page 3vehicles operate under Company A's DOT authority, and Company A holds a Hazmat and maintained by Company A. Company A is the offeror of the hazardous materials, all registration. Company B provides drivers and other logistics personnel who load, unload bills of lading for the shipments per the direct instruction and request: of Company A, and drive the vehicles. Company B provides supervisory staff on-site and prepares the provided by Company A. with all shipping descriptions and information pertaining to the hazardous materials being covered by Company A's registration? If Company B is required to have a separate Hazmat In this case is Company B required to have a separate Hazmat registration or are they registration, who's DOT number would the vehicles and drivers operate under? Thank you for your assistance. Please let me know if you need any further information. Wants a Written Letter of Interp. 2#