{"operation":"document","citation":"08-0281","title":"United Parcel Service — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-12-12","effective_on":null,"summary":"08-0281 response to United Parcel Service concerning 171.8, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0281.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0281.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0281","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080281.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave., S E\nWashington, DC 20590\nMr. Samuel S. Elkind\nCorporate Regulated Goods Manager\nUnited Parcel Service\n55 Glenlake Parkway, NE\nAtlanta, GA 30328-3474\nRef. No. 08-028 1\nDear Mr. Elkind:\nThis responds to your November 14,2008 letter requesting clarification on training\nrequirements under 5 172.704(d) in the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-1 80). Specifically, you ask if the name and address of the person performing the\ntraining may be the company or corporate name and address, based on the definition of\n\"person\" in tj 17 1.8 of the HMR.\nThe answer is yes. It is the opinion of this office that the term \"person\" under tj 17 1.8 applies\n'\nto the requirement in tj 172.704(d)(4). Therefore, the individual name and address of the\nperson providing training or the name and address of the company or corporation providing\nthe training may be used to satisfy the requirement in 5 172.704(d)(4). .\nI hope this answers your inquiry.\nhief, Standards Development\nMaterials Standards\n\n<<<PAGE 2>>>\n\n55 Glenlake Parkway, NE\nAtlanta, GA 30328-3474\nNovember 14,2008\nMr. Edward Mazzullo\nDirector, Office of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE - PHH- 10\nWashington, DC, 20590\nRe: 49 CFR 172.704(d)(4) - Recordkeepinn for Training\nDear Mr. Mazzullo:\nA recent discussion with an Agent of the Department of Transportation has centered on\nwhether certain hazardous materials training records prepared by United Parcel Service\n(UPS) are adequate when, to identify the person providing the training, the documents\ndisplay the company name (i.e., UPS) and the address of the UPS ofice responsible for the\ndevelopment of the training material. It is the contention of this agent that UPS records must\ndisplay the actual name and address of an individual who performed the training. Because\nUPS'S reading of the applicable regulations leads us to a different conclusion, it seeks an\ninterpretation fiom your office.\nThe relevant regulation that defines this part of a training record is 49 CFR 172.704(d)(4),\nwhich specifies that a training record must include the name and address of the \"person\"\nproviding the training. However, 49 CFR 171.8, which provides the applicable definition of\nthe term \"person,\" is broader in its scope. Under this section, \"person\" is defined to mean\nnot simply an individual, but also a variety of other entities, including a corporation:\nPerson means an individual, coreoration, company, association, fm, partnership, society,\njoint stock company; or a government, Indian tribe, or authority of a govenunent or tribe\noffering a hazardous material for transportation in commerce or transporting a hazardous\nmaterial to support a commercial enterprise. This terin does not include the United States\nPostal Service or, for purposes of 49 U.S.C. 5123 and 5124, a Department, agency, or\ninstrumentality of the government. (Emphasis added.)\nAccordingly, UPS views the use of its company name and the address of the office\nresponsible for developing the training to be consistent with the requirements and\nterminology of the regulations. Significantly, the clear language of 49 CFR 172.704(d)(4)\ndoes not in any way qualify the tern \"person.\" There is no reference to an \"individual\"; nor\nis there any indication that the applicz-ble definition of \"person\" would not apply to this\nparticular provision. Therefore, UPS believes that users of the regulations are entitled to\n\n<<<PAGE 3>>>\n\nMr. Edward Mazzullo\nNovember 14,2008\nPage 2\ninterpret the term \"person\" in an individual or corporate sense, just as PHMSA and its\npredecessor agencies have done in their own work with respect to other provisions of the\nHazardous Materials Regulations.\nUPS is reluctant to change the format of its training records and to incur the programming\ncosts necessary to modify the printouts from internal employee databases based upon the\nchange suggested by this Agent, as UPS does not believe the Agent's position is supported\nby the regulations.\nYour interpretation will be of great assistance. UPS looks forward to your response.\nSamuel S. Elkind\nCorporate Regulated Goods Manager","truncated":false,"body_characters":4327}