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Interpretation Response #05-0075 ([SJC Compliance Education, Inc.] [Mr. Stephen Cansler])

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

Interpretation Response Details

Response Publish Date:

Company Name: SJC Compliance Education, Inc.

Individual Name: Mr. Stephen Cansler

Location State: TX Country: US

View the Interpretation Document

Response text:

Jul 7, 2006

 

Mr. Stephen Cansler                    &nbsp Reference No. 05-0075
SJC Compliance Education, Inc.
16516  El Camino Real
Suite     417
Houston, TX 77062

Dear Mr. Cansler:

This responds to your letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 180) to a company that sells and distributes hazardous materials to customers who may subsequently reship the materials. Specifically, you ask about the company’s responsibility for compliance with the HMR under a variety of different scenarios. I apologize for the delay in responding and any inconvenience it may have caused. Your questions are paraphrased and answered below.

Q1.      A company sells hazardous materials to customers who pick up the materials from the company’s facility. The material sold is usually ORM-D material, but it is not packaged, marked, or labeled for transportation. The company does not release orders to commercial carriers. What is the company’s responsibility for compliance with the HMR?

Al.        The HMR apply to the offering for transportation or transportation of hazardous materials in commerce. Transportation of hazardous materials by an individual for a non-commercial purpose in a private motor vehicle is not subject to the HMR (see § 171.1(d) (6)). A company selling hazardous materials to a private individual is not subject to the HNR. However, if a company sells hazardous materials to a commercial customer (that is, someone who is transporting the hazardous materials for a commercial purpose), then the seller must comply with all applicable provisions of the HMR. Note that many hazardous materials sold to commercial customers may qualify for the exceptions from specification packaging, hazard communication, and other HMR requirements applicable to materials of trade (see § 173.6).

Q2.      A company sells hazardous materials to a customer, who then may reship the material by air. Examples include an airline that may reship the hazardous materials as company- owned materials, a U.S. government agency, an APO address, or a distributor. Is the company or the customer who reships the material responsible for compliance with HMR requirements for transportation of hazardous materials by aircraft?

A2.      See Al above. A company selling hazardous materials to a commercial customer must comply with all applicable provisions of the HMR. However, if the commercial customer then reships the hazardous material, the commercial customer must ensure that the shipment conforms to all applicable HMR requirements.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

 

Hattie L. Mitchell
Chief, Regulatory Review and reinvention
Office of Hazardous Materials Standards

171.1 (d)(6), 173.22

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions