Interpretation Response #02-0112 ([Hawks Logistics] [Steve E. Hawks])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 07/17/2002

Company Name: Hawks Logistics

Individual Name: Steve E. Hawks

Location State: OK Country: US

View the Interpretation Document

Response text:

Jul 17, 2002

Mr. Steve E. Hawks                 Reference No. 02-0112
President
Hawks Logistics
1120 Bankside Circle
Edmond, OK 13003

Dear Mr. Hawks:

This is in response to your April 5, 2002 letter, requesting clarification of registration requirements for brokers of hazardous materials and the training guidelines for broker personnel.  Specifically, you requested a cite be provided for hazardous material registration to be utilized for presentation to the membership of the Transportation Intermediaries Association (TIA), and whether a broker that offers hazardous material freight is responsible for hazardous material training.

Please reference § 107.601 found in the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180) regarding the applicability of the registration of persons who offer or transport Hazardous Materials.  A broker must register under the U.S. DOT’s Hazardous Materials Registration Program provided they perform a function of an ofteror or carrier and otherwise meet criteria requiring registration.  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.

Employees of a broker are required to receive the hazardous materials training found in § 172.704 if they perform a function of a hazmat employee.  A hazmat employee, as defined in § 171.8, means a person who is employed by a hazmat employer and who in the course of employment directly affects hazardous materials transportation safety.  This term includes an owner-operator of a motor vehicle which transports hazardous materials in commerce.  This term includes an individual, including a self-employed individual, employed by a hazmat employer, who during the course of employment: loads, unloads, or handles hazardous materials; manufactures, tests, reconditions, repairs, modifies, marks, or otherwise represents containers, drums, or packagings as qualified for use in the transportation of hazardous materials; prepares hazardous materials for transportation; is responsible for safety of transporting hazardous materials; or operates a vehicle used to transport hazardous materials.

otherwise represents containers, drums, or packagings as qualified for use in the transportation of hazardous materials; prepares hazardous materials for transportation; is responsible for safety of transporting hazardous materials; or operates a vehicle used to transport hazardous materials.
It is the opinion of this Office that provided none of the aforementioned functions of an offeror or carrier are performed by the broker, and provided the broker performs only specific duties not included among those functions of an offeror or carrier (e.g., making a phone call to a carrier), the broker is not required to register or to train his employees.

Please find, enclosed for your information, an advisory guidance notice published in the Federal Register on May 13, 2002, addressing hazardous materials packaging and shipper responsibilities.

I hope this satisfies your request.  If we can be of further assistance, do not hesitate to contact  us.

Sincerely,

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

Enclosure

107.601

Regulation Sections