Interpretation Response #06-0254 ([Rite Aid Corporation] [Mr. Glenn A. Courtney])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Rite Aid Corporation
Individual Name: Mr. Glenn A. Courtney
Location State: PA Country: US
View the Interpretation Document
Response text:
Jan 9, 2007
Mr. Glenn A. Courtney Reference No. 06-0254
Director, Outbound ‘Transportation
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105
Dear Mr. Courtney:
This responds to your November 1, 2006 letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to shipments of lighters. Specifically, you ask: if the exception in §173.308(e)(2) for shipments of lighters by private carriage applies to Rite Aid’s distribution of individual lighters by your fleet of vehicles.
According to your letter, Rite Aid operates eight distribution centers that service stores in several states. You ask if you may utilize the private carriage exception in §173.308(e) to transport lighters using Rite Aid-owned or-leased trailers for delivery directly to Rite Aid Stores. You further state that some of your drivers are Rite Aid company drive: and others are Dedicated Contract Providers that operate Rite Aid trailers owned or leased directly to Rite Aid stores.
Exceptions for lighters transported by private motor carrier were included in a final rule published January 23, 2006 under Docket No. RSPA-2004-18795 (HM-237; 71 FR 3418). The final rule adopted a new § 173.308(e) that excepts lighters transported by private motor carrier from all HMR requirements provided the lighter designs have been examined and successfully tested in accordance with applicable requirements and conform to the conditions established in §173.308(e)(2). The effective date of the amendments in the HM-237 final rule is January 1, 2007; however, voluntary compliance is authorized as of April 25, 2006.
It is the opinion of this Office that you are a private carrier for purposes of the HMR and may utilize the exception provided in §173.308(e)(2) for the highway transportation of
lighters.
I hope this answers your inquiry.
Sincerely,
John A. Gale
Chief, Standard Development
Office of Hazardous Materials
173.308