Interpretation Response #06-0044
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Apr 11, 2006
MS. Liese G. Howarth ; Reference No. 06-0044
Gallagher & Howarth, P.C.
Attorneys and Counselors at Law
68 Bridge Street, Suite 207
Suffield, CT 06078
Dear Ms. Howarth:
This responds to your letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the Hazardous Materials Registration Program as specified in 49 CFR Part 107, Subpart G. Specifically, you ask if a transportation broker is subject to the HMR and the registration requirements.
According to your letter, Logistics Management Resources, Inc. (LMRI) is a licensed broker who arranges transportation for shippers and relays basic shipping information to carriers. LMRI’s functions include: determining the shipping date, delivery date, shipper and shipper’s location, consignee and consignee’s location, description of shipment (all information is supplied by shippers), and type of equipment required. MRI never takes possession of the materials, and never sees the shipment nor inspects the carrier’s equipment. The shipment transaction takes place when the carrier selected by LMRT presents itself at a shipper’s location to pick up a shipment. LMRI has no means of verifying any information; it simply passes on information furnished by a shipper to the carrier. The carrier’s driver must review and confirm all information. LMRI never has physical control over shipments and performs no pre-transportation functions. You ask: whether your client’s broker operations are subject to the HMR and the registration requirements in 49 CFR Part 107, Subpart G.
A broker does not need to register provided he does not perform a function of an offeror or carrier. Functions of an offeror include, but are not limited to the following: (1) selection of the packaging for a hazardous material; (2) physical transfer of a hazardous materials to a carrier; (3) classifying hazardous materials; (4) preparing shipping paper; (5) reviewing shipping papers to verify compliance with the HMR or international equivalents; (6) signing hazardous materials certifications on shipping papers; (7) placing hazardous materials markings or placards on vehicles or packages; and (8) providing placards to a carrier. In addition, carrier is defined in § 171.8 to mean a person engaged in the transportation of passengers or property in commerce by rail car, aircraft, motor carrier, or vessel.
Based on the information provided in your letter, LMRI, is not subject to the HMR and the registration requirements in 49 CFR Part 107, Subpart G.
I hope this answers your inquiry.
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards