{"operation":"document","citation":"17-0097","title":"Sheetz, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-02-08","effective_on":null,"summary":"17-0097 response to Sheetz, Inc. concerning 173.308.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0097.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0097.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0097","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57241/170097.pdf","body":"<<>>\n\nMr. Frank Scott\nDirector of Transportation\nSheetz, Inc.\n242 Sheetz Way\nClaysburg, PA 16625\nReference No. 17-0097\nDear Mr. Scott:\nThis letter is in response to your September 8, 2017, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the private\ncarriage exception for the shipment of lighters in § 173.308(e)(2). According to your letter,\nSheetz Distribution Centers select from the manufacturer's specification outer package and place\nthe shipper's specification inner packages of 50 lighters into plastic totes, which are loaded onto\nSheetz-leased tractor/trailers for delivery directly to Sheetz Stores. You note that each shipment\nis comprised of less than 1,500 lighters. Specifically, you ask if the exception in § 173.308(e)(2)\nfor shipments of lighters by private carriage applies to Sheetz's distribution of individual lighters\nby your fleet of vehicles.\nThe answer is yes. The scenario you provide describes a private motor carrier. Provided the\nlighter designs have been examined and successfully tested in accordance with the applicable\nrequirements and conform to the conditions established in § 173.308(e)(2), the shipments are\nexcepted from all other requirements of the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\napple\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPlease submit this as a letter of interpretation. Let me know if you have any questions.\nThanks,\nJodi\nFrom: Frank Scott [mailto:fscott@sheetz.com]\nSent: Friday, September 08, 2017 7:22 AM\nTo: PHMSA HM InfoCenter \nSubject: Sheetz request for PHMSA review\nTo Whom it May Concern:\nPlease see the attached letter regarding review of 49 CFR Part §173.308(e)(2) for Sheetz Distribution Services.\nRespecfully,\nFrank Scott\nDirector of Transportation\nSheetz Distribution Services\n\n<<>>\n\nDear Sir,\nSheetz Incorporated is seeking an interpretation of 49 CFR §173.308(e) as it pertains to the Common and\nPrivate Carrier Exception. Having reviewed US DOT/ PHMSA letter of interpretation dated Jan 9, 2007\nissued to Rite Aid Corporation, we feel that our circumstances are similar in nature and would request that\nthe Private Carriage Exception be applied to our circumstances.\nSheetz Incorporated currently operates two Sheetz Distribution Centers located in Claysburg PA, and\nBurlington, NC. Sheetz Distribution Centers currently operates in six east coast states providing\ndistribution services to approximately 560 Sheetz Stores.\nSheetz Distribution Centers select from the manufacturer's specification outer package and place the\nshipper's specification inner packages of 50 lighters into plastic totes which are loaded onto Sheetz leased\ntractor/trailers for delivery directly to Sheetz Stores. Each store receives, on average, 35 lighters per\nshipment with an average of 7 stores per truck.\nBoth Sheetz Distribution Centers utilize Sheetz leased tractors and trailers and deliver only to Sheetz\nStores. Additionally, Sheetz employed drivers operate all Sheetz leased vehicles and are leased to CLI\nTransport, Inc. CLI Transport, Inc. is the Dedicated Contract Carrier for Sheetz, Inc. and has been for 16\nyears, servicing only Sheetz Stores.\nBased upon the fact that our shipments are significantly fewer than 1,500 lighters in a single vehicle, and\nthese shipments are originating at Sheetz Distribution Centers, transported using Sheetz leased vehicles,\npetilly request that the Private Carriage epion 49 CER Part 917330 el eage Stores see\nshipments.\nIf you have any questions or need clarification regarding our transportation operation please feel free to\ncontact me directly.\nThank you for your review and guidance.\nSincerely,\nAr. Frank Scot\nDirector of Transportatio\nSheetz, Inc.\n242 Sheetz Way\nClaysburg, PA 16625\nDAYTIME PHONE # 814-239-1191\n\n<<>>\n\nLockheed Martin Aeronautics Company\n1 Lockheed Blvd M/Z: 6899\nFort Worth, TX 76101\nReference No. 17-0100\nDear Ms. Stokes:\nThis letter is in response to your September 11, 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to training\nrequirements. Specifically, you ask if a person located outside the United States who offers a\nshipment from a foreign location for transportation to the United States in accordance with an\ninternational standard recognized by the HMR is subject to the training requirements in\nSubpart H of Part 172. In addition, you reference a letter of interpretation previously issued\nunder Reference No. 14-0104.\nThe answer is yes. Section 171.22(g) prescribes additional requirements for the use of\ninternational standards for shipments offered for transportation or transported in the United\nStates, to include shipments originating in a foreign location and transported to the United States.\nPer § 171.22(g)(2), the training requirements in Subpart H of Part 172, including\nfunction-specific training, must be satisfied. As stated in Reference No. 14-0104, training\nconducted to comply with the International Civil Aviation Organization's Technical Instructions\nfor the Safe Transport of Dangerous Goods by Air or the International Maritime Dangerous\nGoods Code may be used to satisfy the training requirements set forth in § 172.704, to the extent\nthat such training addresses the training components specified in § 172.704(a). See 49 CFR\n§ 172.704(a)(2)(ii). It is not necessary to duplicate training in the areas prescribed in\n§ 172.704(a) that correspond with the training requirements in an authorized internationa\ntandard. However, the employer or self-employed person must provide additional training te\nemployees performing covered functions for any training components required by the HMR that\nwere not previously addressed.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nLan A\n-\nDuane A. Pfund\nInternational Program Coordinator\nStandards and Rulemaking Division\n\n<<>>\n\nReference No. 17-0100\nDATE\n11/2/2017\nDear Ms. Stokes:\nRTG. SYMBOL\nPH(+10\nThis letter is in response to your September 11, 2017, email requesting clarification of\nINAL SISTE\ntraining requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\nMBS iment\n180). Specifically, you ask if a person located outside the United States who offers a\nshipment from a foreign location for transportation to the United States, in accordance with an\n12/6217\ninternational standard recognized by the HMR, is subject to Subpart H of Part 172 training\nrequirements. In addition, you reference a letter of interpretation previously issued by this\noffice, Ref. No. 14-0104.\nINITIALS/SIG\n• сст\nDATE\nThe answer to your question is yes. Section 171.22(g) prescribes additional requirements for\n12/21/17\nthe use of international standards offered for transportation or transported in the United States.\nRTG. SYMBOL\nThis would apply to shipments originating in a foreign location and transported to the United\nUsit\nStates. As required by § 171.22(g)(2), the training requirements in subpart H of Part 172,\nINITIALS/SIG\nincluding function-specific training must be satisfied. As stated in the previous letter of\nHS\ninterpretation, training conducted to comply with the International Civil Aviation\n9/9/18\nOrganization's (ICAO) Technical Instructions (TI) for the Safe Transport of Dangerous Goods\nby Air or the International Maritime Dangerous Goods (IMDG) Code may be used to satisfy\nRTG. SYMBO\nFAA\nthe training requirements set forth in § 172.704, to the extent that such training addresses the\nINITIALS/SIG.\ntraining components specified in § 172.704(a). Where this training does not satisfy the HMR,\nCB\nthe employer or self-employed person must provide additional training to employees\nperforming covered functions to comply with the HMR. Training in the areas prescribed in\n91/14/18\n§ 172.704(a) that correspond with the training requirements in an authorized international\nRTG. SYMBOL\nstandard do not need to be duplicated.\nPHH\nINITIALS/SIG.\nI hope this information is helpful. Please contact us if we can be of further assistance.\n1116/18\nSincerely,\nRTG. SYMBOL\nINITIALS/SIG.\nDuane A. Pfund\nInternational Standards Coordinator\nDATE\nStandards and Rulemaking Division\nOFFICIAL FILE COPY\n\n<<>>\n\nPlease log the below for processing as an interp\nAaron is familiar with the issue and should get the assignment - I'd like to work with him on the response.\nFrom: Stokes, Rebecca L [mailto:rebecca.l.stokes@lmco.com]\nSent: Thursday, September 14, 2017 2:30 PM\nTo: Kelley, Shane (PHMSA) < shane.kelley@dot.gov>\nSubject: RE: HM/DG Training For Nevatim Air Base Personnel Performing Hazmat Packaging/Shipping Tasks On Behalf Of\nShane -\nYes I concur with the way you have worded the question. Thank you again!\nBest Regards,\nBecky\nDangerous Goods Compliance & Transportation Safety Specialist, Lead\n817-777-8303\nFrom: Kelley, Shane (PHMSA) [mailto:shane.kelley@dot.gov]\nSent: Thursday, September 14, 2017 11:45 AM\nTo: Stokes, Rebecca L (US) \nSubject: EXTERNAL: RE: HM/DG Training For Nevatim Air Base Personnel Performing Hazmat Packaging/Shipping Tasks\nOn Behalf Of LM Aero\nCertainly. So that we have a clear question that we can use as a basis for an interpretation, would the following\naccurately characterize your question?\nQuestion: Is a person located outside the United States who offers a shipment from a foreign location for transportation\nto the United States in accordance with an international standard recognized by the U.S. HMR (for example the ICAO\nTechnical Instructions) subject to Part 172 training requirements?\nFrom: Stokes, Rebecca L [mailto:rebecca.l.stokes@|mco.com]\nSent: Thursday, September 14, 2017 9:21 AM\nTo: Kelley, Shane (PHMSA) < shane.kelley@dot.gov>\nSubject: RE: HM/DG Training For Nevatim Air Base Personnel Performing Hazmat Packaging/Shipping Tasks On Behalf Of\nLM Aero\n1\n\n<<>>\n\nFrom: Kelley, Shane (PHMSA) [mailto:shane.kelley@dot.gov]\nSent: Monday, September 11, 2017 3:06 PM\nTo: Stokes, Rebecca L (US) \nSubject: EXTERNAL: RE: HM/DG Training For Nevatim Air Base Personnel Performing Hazmat Packaging/Shipping Tasks\nOn Behalf Of LM Aero\nHi Rebecca,\nThank you so much, I have received this and am working a response in coordination with our regulations specialists. I'll\nbe back in touch soonest.\nBest\nShane\nFrom: Stokes, Rebecca L [mailto:rebecca.l.stokes@lmco.com]\nSent: Monday, September 11, 2017 3:18 PM\nTo: Kelley, Shane (PHMSA) < shane.kelley@dot.gov>\nSubject: FW: HM/DG Training For Nevatim Air Base Personnel Performing Hazmat Packaging/Shipping Tasks On Behalf\nOf LM Aero\nGood Afternoon Shane -\nI'm Rebecca L. Stokes with Lockheed Martin Aeronautics in Fort Worth, Texas and I met you last\nThursday night at the Labelmaster Fest, we discussed the LOI regarding training required\noverseas and also discussed on how Lockheed Martin can help make potential changes for the\nmovement of our lithium ion batteries if Lockheed were able to bring in our corporate contacts\nthat go to the Hill.\nIn our discussion, I wanted more clarification on how PHMSA communicates out globally to\ncountries shipping to the United States that they need to comply with 49CFR training? In\naddition, below is some correspondence regarding my disagreement with my co-worker | feel\nthat we can comply with additional training requirements that CFR calls out but a full 3-day\n49CFR course that we take here within the United States is unnecessary. Please let me know\nwhat you think.\n2\n\n<<>>\n\nSent: Wednesday, August 02, 2017 2:34 PM\nTo: Stokes, Rebecca L (US) ; Spicer, Rachael F (US) ; Nemitz,\nMichael P (US) \nSubject: HM/DG Training For Nevatim Air Base Personnel Performing Hazmat Packaging/Shipping Tasks On Behalf Of LM\nAero\nBecky/Rachael, I am following up on the topic of HM/DG training requirements for personnel at Nevatim Air\nBase performing HM/DG packaging/shipping tasks on behalf of LM Aero, because it appeared to me during\nthis morning's meeting that ESH and y'all may not be on exactly the same page regarding minimum hazmat\ntransportation-related training requirements. Specifically, you both appeared to take exception to my\nstatement regarding 49CFR HMR training being applicable/required for Nevatim base personnel shipping\nHM/DG on behalf of LM Aero IN ADDITION TO IATA DR training requirements. From this morning's\ndiscussion, it appeared to me that there was not a plan in place to include 49CFR HMR training along with\nIATA DGR training for DS or other personnel going forward. Therefore, the following short list is provided of\nreasons why Israel Nevatim Air Base personnel shipping Hazardous Materials/Dangerous Goods into the U.S\non behalf of LM Aeronautics Company must complete applicable USDOT 49CFR Hazardous Materials\nRegulations (HMR) training IN ADDITION TO other modal (e.g., IATA DGR, IMDG Code) HM/DG training.\n• See attached DOT Letter Of Interpretation 14-0104 regarding \"HMR training requirements applicable to\npersons who perform a covered function for hazardous materials transported in commerce to, from and\nwithin the U.S.\"... \"Training conducted to comply with the ICAO Technical Instructions or the IMDG\nCode may be used to satisfy the training requirements set forth in 172.704 (see 172.704(a)(2)(il) and\nalso 171.22(g)(2)) to the extent that such training addresses the training components specified in\n172.704(a). Where this training does not satisfy the HMR, the employer or self-employed person\nmust provide additional training to employees performing covered functions to comply with the\nHMR.\n• 'Additional training' that would be applicable to Israel base personnel shipping HM/DG to the U.S. and\nthat would typically be beyond the extent that IATA DR training would satisfy all applicable 49CFR\nHMR training is addressed in several 49CFR cites and other documents (e.g., Approvals, Special\nPermits, etc.) which include (not limited to):\n• 49CFR 172.704 requirements that are not otherwise covered in a generic (e.g., Lion\nTechnology) IATA DGR air transportation course\n• 49CFR 171.22\n• ER Info requirements per Part 172 Subpart G\n• Training requirements per Part 172 Subpart H which include function-specific\nrequirements in use of applicable USDOT Competent Authority Approvals, USDOT\nSpecial Permits, etc.\n• Security requirements per Part 172 Subpart | which include LM Aero Hazardous\nMaterials Transportation Security Plan training as applicable based on DG shipped\n• Incident Reporting requirements per 171.15 & 171.16 (includes undeclared HM)\n• LM Aero HM Registration Certificate per Part 107 Subpart G\n• 49CFR 173.24 USDOT General Packaging requirements\n3\n\n<<>>\n\nmeet an incomplete/minimum training standara.\nMike, the above information regarding 49CFR HMR training requirements being applicable to folks shipping\nHM/DG into U.S. on behalf of LM Aero, does not only apply to Israel.\nThanks for including me in this morning's Skype meeting/conference call. Please include me in future such\nmeetings/calls.\nThanks, Mike Fiddes\nDOT/ATA Compliance, Transportation Safety, Explosives Safety\nEnvironment, Safety & Health\nLockheed Martin Aeronautics Company\n817-777-6490\n817-584-8680 (cellular)\nLOCKHEED\nle deser forges ada wire markieg for\nMARTIN","truncated":false,"body_characters":15455}