Interpretation Response #17-0097
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
January 16, 2018
Mr. Frank Scott
Director of Transportation
242 Sheetz Way
Claysburg, PA 16625
Reference No. 17-0097
Dear Mr. Scott:
This letter is in response to your September 8, 2017, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the private carriage exception for the shipment of lighters in § 173.308(e)(2). According to your letter, Sheetz Distribution Centers select from the manufacturer's specification outer package and place the shipper's specification inner packages of 50 lighters into plastic totes, which are loaded onto Sheetz-leased tractor/trailers for delivery directly to Sheetz Stores. You note that each shipment is comprised of less than 1,500 lighters. Specifically, you ask if the exception in § 173.308(e)(2) for shipments of lighters by private carriage applies to Sheetz's distribution of individual lighters by your fleet of vehicles.
The answer is yes. The scenario you provide describes a private motor carrier. Provided the lighter designs have been examined and successfully tested in accordance with the applicable requirements and conform to the conditions established in § 173.308(e)(2), the shipments are excepted from all other requirements of the HMR.
I hope this information is helpful. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division