{"operation":"document","citation":"12-0240","title":"Department of Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-01-24","effective_on":null,"summary":"12-0240 response to Department of Energy concerning 171.1, 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0240.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0240.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0240","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120240.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJAN -2 4 2011\nMr. Stephen C. O'Connor\nDirector Office of Packaging and Transportation\nDepartment of Energy\n16212 State Highway 249\nHouston, TX 77086\nReference No.: 12-0240\nDear Mr. O'Connor:\nThis is in response to your October 18, 2012 letter requesting clarification ofthe Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to training requirements\nfor packaging component suppliers. You present two specific package component supply\nsituations and ask if the training provisions for hazmat employees found in Subpart H of\nSubchapter C of the HMR are applicable. Your questions are paraphrased and answered\nbelow:\nQl. A 1. Q2. If Company A supplies drum lid locking rings to Company B who manufactures,\nsells, marks, and certifies DOT 1A2 steel drums for use in commerce per\n§ 178.504(a)(2); is Company A considered a hazmat employer and required to have\na DOT training program in place for hazmat employees per Subpart H of Subchapter\nC of the HMR, or is it exempt from these requirements?\nThe answer is no. The definition of a hazmat employee includes, among various\nother possible functions, an individual who designs, manufacturers, fabricates,\ninspects, marks, maintains, reconditions, repairs, or tests a package, container or\npackaging component that is represented, marked, certified, or sold as qualified for\nuse in transporting hazardous material in commerce. While reference is made to\nmanufacturers of packaging components in the definition ofhazmat employee; the\nintent of their inclusion is not to cover producers of parts that may be sold by the\nmanufacturer who are not aware that the purchasers' intent is to utilize the\ncomponent in a hazardous materials packaging.\nIf Company C is a hardware supplier to a wide range of industry customers and also\nprovides nuts and bolts to Company B (from question 1 above) for the lid locking\nring, is Company C considered a hazmat employer and required to have a DOT\ntraining program in place for hazmat employees per Subpart H of Subchapter C of\nthe HMR, or is it exempt from these requirements?\nA2. See answer A1 above.\n\n<<<PAGE 2>>>\n\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\ntf?M· .\nDelmer Billings ~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDepartment of Energy\nWashington, DC 20585\nOctober 18,2012\nMr. Charles Betts, Director\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10, U.S. DOT\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nSubject: Clarification of the Hazmat Training Requirements for Packaging Component Supplier\nDear Mr. Betts:\nThe purpose of this letter is to request claritlcation on the applicability of the requirements in\n49 CFR 171. I, Applicability of Hazardous lvfaterials Regulations (H},;fR) to persons and\njimctions, where it states:\nThe law also authorizes the Secretwy to apply these regulations to persons who\nmam!frtcture or maintain a packaging or a component o[a packaging that is\nrepresente£1, marke£1, certijiecl, or sold as qualijled for use in I he tramportation of a\nhazardous material in commerce.\nThe clarification requested is specific to packaging component suppliers and whether those\nsuppliers are considered hazmat employer and therefore required to implement a DOT training\nprogram for designated hazmat employees. Please provide responses to Questions 1 and 2\nbelow.\nQuestion 1: If Company A supplies drum lid locking rings to Company B who manufactures,\nsells, marks and certifies DOT 1 A2 steel drums for use in commerce per 49 CFR 178.504(a)(2),\nis Company A considered a hazmat employer required to have a DOT training program in place\nfor hazmat employees per 49 CFR 172 Subpart H, or is it exempt from these requirements?\nQuestion 2: Similarly, if Company C is a hardware supplier to a wide range of industry\ncustomers and also provides nuts and bolts to Company B (from Question 1 above) for the lid\nlocking ring, is Company C considered a hazrnat employer required to have a DOT training\nprogram in place for hazmat employees per 49 CFR 172 Subpart H, or is it exempt from these\nrequirements?\nPlease clarify the intent of 49 CFR 171.1 as it applies to the questions above.\n\n<<<PAGE 4>>>\n\nThank you in advance for your prompt consideration of this request. If you require additional\ninformation, please contact me at (30 1) 903-7284, or Mr. Ashok Kapoor of my staff at (202)\n586-8307.\nSincerely,\nStephen C. O'Connor\nDirector\nOffice of Packaging and Transportation","truncated":false,"body_characters":4705}