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Interpretation Response #12-0240 ([Department of Energy] [Mr. Stephen C. O'Connor])

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 Energy

Individual Name: Mr. Stephen C. O'Connor

Location State: TX Country: US

View the Interpretation Document

Response text:

January 24, 2013

                                                                                                                                             

Mr. Stephen C. O'Connor
Director Office of Packaging and Transportation
Department of Energy
16212 State Highway 249
Houston, TX 77086

Reference No.: 12-0240

Dear Mr. O'Connor:

This is in response to your October 18, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to training requirements for packaging component suppliers. You present two specific package component supply situations and ask if the training provisions for hazmat employees found in Subpart H of Subchapter C of the HMR are applicable.  Your questions are paraphrased and answered below:

Q1.      If Company A supplies drum lid locking rings to Company B who manufactures, sells, marks, and certifies DOT 1A2 steel drums for use in commerce per § 178.504(a)(2); is Company A considered a hazmat employer and required to have a DOT training program in place for hazmat employees per Subpart H of Subchapter C of the HMR, or is it exempt from these requirements?

A1.      The answer is no.  The definition of a hazmat employee includes, among various other possible functions, an individual who designs, manufacturers, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.  While reference is made to manufacturers of packaging components in the definition of hazmat employee; the intent of their inclusion is not to cover producers of parts that may be sold by the manufacturer who are not aware that the purchasers' intent is to utilize the component in a hazardous materials packaging.        

Q2.      If Company C is a hardware supplier to a wide range of industry customers and also provides nuts and bolts to Company B (from question 1 above) for the lid locking ring, is Company C considered a hazmat employer and required to have a DOT training program in place for hazmat employees per Subpart H of Subchapter C of the HMR, or is it exempt from these requirements?

A2.      See answer A1 above.

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

Sincerely,

Delmer Billings
Senior Regulatory Advisor  
Standards and Rulemaking Division

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