Interpretation Response #09-0139 ([Mr. Thomas Leech])

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

Interpretation Response Details

Response Publish Date: 06/30/2009

Company Name:

Individual Name: Mr. Thomas Leech

Location State: MS Country: US

View the Interpretation Document

Response text:

June 30, 2009

Mr. Thomas Leech

3720 Plum Point Drive E

Olive Branch, MS 38654

Ref. No.: 09-0139

Dear Mr. Leech:

This responds to your letter dated June 1, 2009 requesting clarification of the terms "hazmat employee" and "hazmat employer" as defined in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), as they apply to training of an "individual" or private citizen shipping "Cartridges, small arms, ORM-D."

For purposes of the HMR, "hazmat employee" means a person who is employed by a hazmat employer and who, in the course of employment, directly affects hazardous materials transportation safety. The term "hazmat employer" means a person who uses one or more of its employees in connection with, among other things, causing a hazardous material to be transported or shipped in commerce. Under your scenario, an individual or private citizen does not meet the definition of a "hazmat employee" and is not required to have hazardous materials training. However, an individual or private citizen must comply with all applicable HMR requirements when offering hazardous materials to a commercial carrier for transportation in commerce.

As prescribed in the exceptions in § 173.63(b), small arms cartridges which have been classed as a Division 1.4S explosive may be reclassed, offered for transportation, and transported as ORM-D material when packaged in accordance with § 173.63(b)(2).

I hope this satisfies you inquiry. If we can be of further assistance, please contact us.

Sincerely,

Charles E. Betts

Chief, Standards Division

Office of Hazardous Materials Standards

173.63(b)

Regulation Sections