{"operation":"document","citation":"09-0139","title":"Mr. Thomas Leech — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-06-30","effective_on":null,"summary":"09-0139 concerning 173.63.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0139.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0139.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0139","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090139.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nJ U N 3 0 2009\nMr. Thomas Leech\n3720 Plum Point Drive E\nOlive Branch, MS 38654\nRef. No.: 09-0139\nDear Mr. Leech:\nThis responds to your letter dated June 1,2009 requesting clarification of the terms\n\"hazmat employee\" and \"hazmat employer\" as defined in the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 17 1-1 80), as they apply to training of an \"individual\"\nor private citizen shipping \"Cartridges, small arms, ORM-D.\"\nFor purposes of the HMR, \"hazmat employee\" means a person who Is employed by a\nhazmat employer and who, in the course of employment, directly affects hazardous\nmaterials transportation safety. The term \"hazmat employer\" means a person who uses\none or more of its employees in connection with, among other things, causing a\nhazardous material to be transported or shipped in commerce. Under your scenario, an\nindividual or private citizen does not meet the definition of a \"hazmat employee\" and is\nnot required to have hazardous materials training. However, an individual or private\ncitizen must comply with all applicable HMR requirements when offering hazardous\nmaterials to a commercial carrier for transportation in commerce.\nAs prescribed in the exceptions in 5 173.63(b), small arms cartridges which have been\nclassed as a Division 1.4s explosive may be reclassed, offered for transportation, and\ntransported as ORM-D material when packaged in accordance with 5 173.63(b)(2).\nI hope this satisfies you inquiry. If we can be of further assistance, please contact us.\nCharles E. Betts\nChief, Standards Division\nb@qf ~azardous Materials Standards\n\n<<<PAGE 2>>>\n\nJune 1,2009\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOTPHMSA (PHH- 10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mazzullo:\nI am writing to you concerning clarification of the definition of \"hazmat employee and hazmat\nemployer\" as defined in the Hazardous Material Regulations at 49 CFR Section 171.8, and the\ntraining requirements for an individual wanting to ship ORM-D materials (e.g. cartridges, small\narms).\nAs an individual, if I wish to ship ammunition as Cartridges, Small Arms, ORM-D to a friend,\nwhat training and documentation is required? Is certification required? I am not shipping as an\nemployer or employee, but as an individual.\nThe definitions under the Hazardous Materials Regulations at 49 CFR Parts 17 1.8 for \"hazmat\nemployee\" and \"hazmat employer\" do not appear to apply to an individual that is not an\n\\ employer or an employee. In addition, the training requirements under HMR 49 CFR Part\n172.700-704 indicates that training is required for \"hazmat employees\" and \"hazmat employers\",\nbut not to individuals who are not shipping in an employment capacity.\nYour clarification and guidance related to this matter is appreciated.\nSincerely,\nThomas Leech\n3720 Plum Point Drive E\nOlive Branch, MS 38654\ntjleech@centutytel.net","truncated":false,"body_characters":3062}