{"operation":"document","citation":"07-0126","title":"REZ-1, Inc. (Boston) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-02-25","effective_on":null,"summary":"07-0126 response to REZ-1, Inc. (Boston) concerning 171.8, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0126.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0126.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0126","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070126.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFEB 2 5 2C23\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Mike Stem\nController\nREZ- 1 Inc. (Boston)\n395 Elliot Street\nNewton, MA 02464\nRef. No. 07-0 126\nDear Mr. Stem:\nThis responds to your letter requesting applicability -of the training requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 1 7 1-1 80). Specifically, you ask\nwhether under the following scenario a person is considered a hazmat employee and subject\nto training in accordance with the HMR:\nYour company receives rail routing information, to include required hazardous materials\ndescriptions, from a shipper via an online message or fax. Your company resends the\ninformation electronically to the railroad without any alteration in a billing format. Your\ncompany then sends the same unaltered information to the railroad via fax. You ask if these\ncompany employees are considered \"hazmat employees\" under the HMR and are required to\nbe trained.\nThe company employees you describe in your letter would not be considered \"hazmat\nemployees\" under the HMR and, therefore, would not be required to be trained.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nPage 1 of 2\n%!Jevls A\nDrakeford, Carolyn <PHMSA>\nFrom: INFOCNTR cPHMSA>\nSent: Friday, June 22,2007 2:29 PM\nTo: Drakeford, Carolyn cPHMSA>\nSubject: FW: Hazmat Train~ng Requirements\nRequest for Written Interp.\nFrom: Mike Stern [mailto:mstern@rezl.com]\nSent: Friday, June 22, 2007 1:12 PM\nTo: INFOCNTR <PHMSA>\nSubject: Hazmat Training Requirements\nTo Whom It May Concern:\nOur company would like further information as to whether or not REZ-1 would need to take on the additional\nexpense of training employees as \"Hazmat\" employees, as defined in the U.S. Hazmat regulations.\nBackground\nOur company is working with several major Steamship Lines. Our service consists of providing an electronic\ninterface that allows large shipping companies to see the Steamship Lines intermodal units and reserve them for\nuse in domestic shipments.\nAfter reserving the unit and picking it up from the Steamship Line facility, these shipping companies would have\nfull control of these units. They would have full responsibility for packing, labeling, creating the Rail Billing, etc. in\ncompliance with HMR standards. These companies are also fully responsible for managing and dispatching the\ndrayage for the intermodal units.\nBecause these shipping companies are using intermodal units owned by international Steamship Lines and\noffered through the REZ-1 system, instead of submitting Rail Billing directly to the Railroads the shipping\ncompanies would submit the Rail Billing to REZ-1. REZ-1 would then forward that information to the Railroads in\none of two methods, based on how it was received from the shipping company:\nMethod 1 - Receive Hazmat Rail Billing from Shippers Electronically\nREZ-1 would receive an ED1 message or an online submission from the shipping company, including\nrouting information and Railroad required HAZMAT information. REZ-1 would forward the Rail Billing to\nthe Railroads via EDI. None of the HAZMAT information would be altered; the interchange of the\nHAZMAT information would be a direct pass-through. REZ-1 would then send a fax to the Railroad with\nthe HAZMAT form exactly as received from the shipping company (as a pass-through).\nMethod 2 - Receive Hazmat Rail Billing from Shippers via Fax\nREZ-1 would receive a fax message from the shipping company, including routing information and\nRailroad required HAZMAT information. REZ-1 would enter the routing information and Railroad required\nHAZMAT information into the Railroad's Rail Billing website. REZ-1 would then send a fax to the Railroad\nwith the HAZMAT form exactly as received from the shipping company (as a pass-through).\nBased on the information described above, would REZ-1 need to take on the additional expense of training\nemployees as \"Hazmat\" employees as defined in the U.S. Hazmat regulations?\nI would like to receive a written confirmation that we are or are not required to comply\n\n<<<PAGE 3>>>\n\nPage 2 of 2\nwith any additional HAZMAT requirements due to our role in submittinu rail billinu on\nHAZMAT shipments\nThank you for your attention to this matter!\nMike Stern\nController\nREZ-1 Inc. (Boston)\nP: 617.928.5000 ext. 246\nF: 61 7.928.5033\nE: mstern@rezl corn\nVisit us online at: mw.REZl .corn","truncated":false,"body_characters":4591}