Interpretation Response #06-0214

Interpretation Response Details

Nov 7, 2006

Ms. Denese Deeds                 Reference No. 06-0214
Industrial Health & Safety Consultants
17 Hazel Terrace
Woodbridge, CT 06525

Dear Ms. Deeds:

This is in response to your September 19, 2006, letter requesting clarification of (49 CFR Parts 100-185). Specifically, you ask whether contract logistics providers who are responsible for the preparation of shipping papers and the loading and unloading of hazardous material shipments must register.

In your letter, you present the following scenario:

Company “A” contracts the delivery of mail, equipment, and hazardous materials between its facilities to a contract logistics provider, Company “B”. While Company “B” and its personnel are responsible for the movement of these deliveries, Company “A” is the offeror of the hazardous material and their equipment is used and at no time does ownership of the materials transfer to Company “B”. As the logistics provider, Company “B” is responsible for the preparation of shipping papers and the loading and unloading of the hazardous material shipments. You further note that many of the hazardous material shipments utilize public roads and require placards.

The answer is yes. In accordance with § 107.601, a person who offers or transports hazardous materials in the amounts listed must register. Based on the scenario described in your letter, the person who transports, loads, unloads or prepares a shipping paper for a hazardous material shipment in an amount required for registration, must register. You should also be aware the requirement to register is retroactive and registration is required for all prior years in which a person was engaged in activities requiring a hazardous material registration and failed to register.

I hope this satisfies your request.

Sincerely,

Charles E. Betts
Senior Transportation Specialist
Office of Hazardous Materials Standards

107.601, 173.22

Regulation Sections