Interpretation Response #10-0132 ([Entergy Services, Inc.] [Mr. Joe Hantz])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Entergy Services, Inc.
Individual Name: Mr. Joe Hantz
Location State: TX Country: US
View the Interpretation Document
Response text:
July 22, 2010
Mr. Joe Hantz
Entergy Services, Inc.
10055 Grogans Mill Road, Suite 400
The Woodlands, TX 77380
Ref. No. 10-0132
Dear Mr. Hantz:
This responds to your June 14, 2010 letter regarding the applicability of the security plan requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
According to your letter, several of your power plants receive chlorine gas (i.e., a Division 2.3 material) in cylinders from a vendor. Once the chlorine has been used up, the vendor returns to pick up the empty cylinders. The empty cylinders are not purged of trace residuals of chlorine gas that may remain in the cylinder prior to vendor pickup. You note that vendor personnel handle the transport, unloading of full cylinders from the motor vehicles, and loading of empty cylinders onto the motor vehicles without any involvement from Entergy personnel including any pre-transportation functions such as preparation of the cylinders for transportation or preparation of shipping papers. Additionally, the Entergy personnel signature(s) on the shipping document(s) are for purposes of certifying financial agreement and not for purposes of certifying that the chlorine is being transported in accordance with the HMR as part of the shipper's certification required under § 172.204. You believe that Entergy is not acting as an offeror at these power plants and therefore, security plans are not required of Entergy to address the security risks associated with the return shipment of the empty cylinders from the plants.
Your understanding is correct. If Entergy contracts with the vendor to perform all pre-transportation functions related to the residue shipments from the Entergy plants, including securing the closures of the cylinders, preparing the shipping paper(s), providing emergency response information, and signing the certification required by § 172.204 that the shipments are in proper condition for transportation, then Entergy would not be considered an offeror for the purposes of the HMR and thus, not subject to the security plan requirements of the HMR.
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
172.204
Regulation Sections
| Section | Subject |
|---|---|
| 172.204 | Shipper's certification |
| 172.800 | Purpose and applicability |