{"operation":"document","citation":"06-0254","title":"Rite Aid Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-01-09","effective_on":null,"summary":"06-0254 response to Rite Aid Corporation concerning 173.308.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0254.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0254.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0254","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060254.pdf","body":"<<<PAGE 1>>>\n\nor sporation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nJAN - 9 2007\nMr. Glenn A. Courtney\nRef. No. 06-0254\nHarrisburg, PA 17105\nDear Mr. Courtney:\nThis responds to your November 1, 2006 letter concerning the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to shipments of lighters.\nSpecifically, you ask if the exception in §173.308(e)(2) for shipments of lighters by\nprivate carriage applies to Rite Aid's distribution of individual lighters by your fleet of\nAccording to your letter, Rite Aid operates eight distribution centers that service stores in\nseveral states. You ask if you may utilize the private carriage exception in §173.308(e) to\nStores. You further state that some of your drivers are Rite Aid company drivers and\ntransport lighters using Rite Aid-owned or-leased trailers for delivery directly to Rite Aid\nothers are Dedicated Contract Providers that operate Rite Aid trailers owned or leased\ndirectly to Rite Aid stores.\nExceptions for lighters transported by private motor carrier were included in a final rule\npublished January 23, 2006 under Docket No. RSPA-2004-18795 (HM-237; 7. FR\nprivate motor carrier from all EMR requirements provided the lighter designs have been\n3418). The final rule adopted a new §173.308(e) that excepts lighters transported by\nexamined and successfully tested in accordance with applicable requirements and\nconform to the conditions established in §173.308(e)(2). The effective date of the\namendments in the HM-237 final rule is January 1, 2007; however, voluntary compliance\nis authorized as of April 25, 2006.\n173.308\n060254\n\n<<<PAGE 2>>>\n\nIt is the opinion of this Office that you are a private carrier for purposes of the HMR and\nmay utilize the exception provided in §173.308(e)(2) for the highway transportation of\nlighters.\nI hope this answers your inquiry.\nSincerely,\nREAL SA\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n| RITE\nBoothe\nHAID\n3173.308\nLighters\n• GENERAL OFFICE\nFrite Aid Corporation\n0 Hunter Lan\n06-0254\njamp Hill, PA 1701\n• 1-800-RITE AID\nNovember 1, 2006\nEdward Mazzullo\nUSDOT / PHMSA (PHH-10)\nDirector, Office of Hazardous Materials Standards\n400 7h Street SW\n20590-0001\nWashington, DC\nDear Edward Mazzullo,\nconversation with Cameron Satterthwaite at the Hazardous Materials Information Center.\nThis correspondence shall serve as a follow-up to my Friday, October 13, 2006, telephone\nSpecifically, I inquired as to CFR 49 Part 173.308 HM-237 (Lighters) and the Private Carriage\nexception (Part 173.308 (e) (2)). As a result of our conversation, Mr. Satterthwait: requested\nthat I detail the question to you for guidance.\nOn behalf of Rite Aid Corporation, I respectfully request that the Office of Hazardous Material\nStandards apply the Private Carriage Exception to Rite Aid's distribution of individual lighters.\nRite Aid currently operates eight (8) distribution centers which service approximately 3,350\nstores in twenty-seven (27) states and the District of Columbia.\nRite Aid Distribution Centers pick individual lighters (in blister packs) into plastic totes which\nare loaded onto Rite Aid owned or leased trailers for delivery directly to Rite Aid Stores. The\nstores on average receive approximately eighteen (18) lighters per shipment with an average of\n2.6.3 stops per route with a maximum deliveries topping at six (6) per trailer.\nSorne of our facilities utilize Rite Aid company drivers to make the deliveries from our\nistribution centers to Rite Aid stores and thus we will utilize the Private Carriage Exceptic\nnd complete the requirements as outlined in that section when shipping lighters from thes\nfacilities. Our other facilities utilize Dedicated Contract Providers for the tractor and driver labor\nto haul the loaded Rite Aid trailers (owned or leased) directly to Rite Aid stores.\nvehicle and that these outbound loads are on Rite Aid trailers and are exclusively bound for Rite\nBased upon the fact that these shipments are significantly fewer than 1,500 lighters in a single\nAid locations, I request that the Private Carriage Exception be applied to these shipments as\ninformed of the requirements of the exception and specifically on how to identify a package\nwell. Just as we train our own company drivers, Rite Aid will ensure that our partner carriers are\ncontaining lighters (\"LIGHTERS, excepted quantity\").\n\n<<<PAGE 4>>>\n\nreference to the application of these regulations, please feel free to contact me directly at\nIf you have any questions or need clarification on how our delivery operations function in\n(717)760-7865.\nThank you for your attention to this matter.\nSincerely,\nghah\nDector, Outbound Transportation\nRite Aid Corporation","truncated":false,"body_characters":4703}