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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #11-0029 ([Department of the Army] [Mr. Daniel A. Maham])

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

Interpretation Response Details

Response Publish Date:

Company Name: Department of the Army

Individual Name: Mr. Daniel A. Maham

Location State: IL Country: US

View the Interpretation Document

Response text:

March 29, 2011




Mr. Daniel A. Maham

Department of the Army

Military Surface Deployment and Distribution Command

1 Soldier Way

Scott AFB, IL 62225-5006

Reference No.: 11-0029

Dear Mr. Maham:

This responds to your letter requesting clarification of the hazardous material regulations (HMR; 49 CFR Parts 171-180) applicable to definitions. Specifically, you ask if a person who acts as a "broker of transportation services" meets the definition of a "hazmat employee."

As specified in § 171.1, the HMR govern the safe transportation of hazardous materials in intrastate, interstate and foreign commerce. Generally, a "hazmat employee" is any person who is employed on a full-time, part-time, or temporary basis and who in the course of such employment directly affects hazardous materials safety. (See § 171.8 for the complete definitions of "hazmat employee" and "hazmat employer.") In other words, a person who performs duties that are regulated under the HMR is considered to be a hazmat employee. A broker is considered a "hazmat employee" under § 171.8 if he or she performs a function of an offeror or carrier. Functions of an offeror include, but are not limited to: selection of the packaging for a hazardous material; physical transfer of the hazardous materials to a carrier; classifying hazardous materials; preparing shipping papers; reviewing shipping papers to verify compliance with the HMR or international equivalents; signing hazardous materials certifications on shipping papers; placing hazardous materials markings or placards on vehicles or packages, and providing placards to a carrier. In addition, a carrier is defined in § 171.8 to mean a person engaged in the transportation of passengers or property by: land or water; as a common, contract or private carrier; or civil aircraft. If what you describe in your letter as a "broker of transportation services" performs any of these functions, this person would be considered a "hazmat employee" under the HMR.

I hope this satisfies your inquiry. Please contact us if we can be of further assistance.


T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

171.1, 171.8

Regulation Sections

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