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Interpretation Response #06-0096 ([KPA, LLC] [Mr. Brent J. Hoberg ])

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

Interpretation Response Details

Response Publish Date:

Company Name: KPA, LLC

Individual Name: Mr. Brent J. Hoberg 

Location State: CA Country: US

View the Interpretation Document

Response text:

May 3, 2006


Mr. Brent J. Hoberg                 Reference No. 06-0096
District Manager, Southwest
10805 I older St.,
Ste. 165
Cypress, CA 90630-5145

Dear Mr. Hoberg:

This is in response to your letter requesting clarification of the term “hazmat employee” as defined in § 171.8 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Specifically, you ask if a parts department employee of a car dealership who opens boxes containing hazardous materials, after the consignee has accepted the packages, is a hazmat employee. You indicate that the term “handles” in the definition of hazmat employee is causing the confusion.

In accordance with § 171.1, the HMR apply to persons who offer for transportation or transport hazardous materials in commerce. Section 171.1(c) clarifies that transportation begins when the driver takes possession of a hazardous material for transport and continues until the hazardous material package is delivered to its final destination. Delivery is complete when the driver relinquishes possession of the hazardous material package to the consignee and is no longer responsible for performing functions subject to the HMR.

In the scenario you describe, the hazardous material package has been deliverer1 to its final destination and is being unpacked by a parts department employee of a car dealership. The employee “handles” the hazardous materials once they are out of transportation; therefore, the HMR, including the hazmat employee definition, do not apply.

I hope this information is helpful. Please contact us if you require additional assistance.



John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

171.1, 171.8

Regulation Sections

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