Department of the Army — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington, D.C. 20590 MAR 292011 Mr. Daniel A. Maham Department of the Army Military Surface Deployment and Distribution Command 1 Soldier Way Scott AFB, IL 62225-5006 Reference No.: 11-0029 Dear Mr. Maham: This responds to your letter requesting clarification of the hazardous material regulations (HMR; 49 CFR Parts 171-180) applicable to definitions. Specifically, you ask if a person who acts as a "broker oftransportation services" meets the definition of a "hazmat employee." As specified in § 171.1, the HMR govern the safe transportation of hazardous materials in intrastate, interstate and foreign commerce. Generally, a "hazmat employee" is any person who is employed on a full-time, part-time, or temporary basis and who in the course of such employment directly affects hazardous materials safety. (See § 171.8 for the complete definitions of "hazmat employee" and "hazmat employer.") In other words, a person who performs duties that are regulated under the HMR is considered to be a hazmat employee. A broker is considered a "hazmat employee" under § 171.8 if he or she performs a function of an offeror or carrier. Functions of an offeror include, but are not limited to: selection of the packaging for a hazardous material; physical transfer of the hazardous materials to a carrier; classifying hazardous materials; preparing shipping papers; reviewing shipping papers to verify compliance with the HMR or international equivalents; signing hazardous materials certifications on shipping papers; placing hazardous materials markings or placards on vehicles or packages, and providing placards to a carrier. In addition, a carrier is defined in § 171.8 to mean a person engaged in the transportation of passengers or property by: land or water; as a common, contract or private carrier; or civil aircraft. Ifwhat you describe in your letter as a "broker of transportation services" performs any of these functions, this person would be considered a "hazmat employee" under the HMR. I hope this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, r7t.~~~ T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2DEPARTMENT OF THE ARMY MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND 1 SOLDIER WAY SCOTT AFB, IL 62225-5006 Itndyt!J.)~ ~ 17/· ~ Directorate ofSafety (AMSSD-SA) f February 11, 2011 D€-h'n 1t-IOns 1I-tJOZ-9 U.S. Department ofTransportation Pipeline Hazardous Materials Safety Administration Office ofHazardous Materials Safety Office ofHazardous Materials Special Pennits and Approvals 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 ATTN: Office ofHazardous Materials Standards (PHH-IO) Dear Sir: In accordance with the provisions ofTitie 49, Code ofFederal Regulations (CFR), Part 105, Section 105.20, the Department of Defense (DOD) hereby requests an Interpretation ofthe Hazardous Materials Regulations as outlined below. DOD petitions for a clarification of49 CFR 171.8 Defmitions and abbreviations, in particular "Hazmat employee". The following file number is assigned: File Number: 13-11 (0211) Re: Request Interpretation of 49 CFR 171.8 Definitions and abbreviations, "Hazmat employee" Proponent: Department ofDefense The Military Surface Deployment and Distribution Command (SDDC) arranges for transportation ofDOD hazardous cargo using commercial carriers; there are many avenues available to DOD in the offering this type of business. The Directorate for Strategic Business, Quality Assurance Branch implements policy affecting the movement ofDOD hazardous cargo. A question concerning the definition ofa "Hazmat employee" is at issue. Primarily does a person who acts as a "Broker oftransportation services" meet the definition of a "Hazmat employee"? 49 CFR 171.8 Hazmat Employee (2) ... or is self~employed, who during the course of employment: (iv) Is responsible for safety oftransportation of hazardous materials. My point of contact for this matter is Mr. Joseph P. Dugan, (618) 22.0-5040, e-mail ~9dc.safb.safety@us .army.mil or jQ§eph.dugan@us.army.mil Safety Team, Military Surface Deployment aM Di.,tribution Command, AITN: AMSSD-SA, Otle Soldier Way, Scott AFB, IL 62225. ePrinted on Rstycled Paper#