Interpretation Response #22-0122
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
February 2, 2023
317 Ironwood Circle
Gallatin, TN 37066
Reference No. 22-0122
Dear Mr. Fletcher:
This letter is in response to your July 31, 2022, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the Hazardous Materials Registration Program as specified in 49 CFR Part 107, Subpart G. In your letter, you state that your company is a "licensed property broker" that facilitates transportation between shippers and motor carriers and relays basic shipping information to carriers—but never takes physical possession of shipments. Specifically, you ask whether a "licensed property broker" is subject to the HMR and the hazardous materials registration requirements in 49 CFR Part 107, Subpart G.
A licensed property broker does not need to register, provided no function of an offeror or carrier is performed. Functions of an offeror include—but are not limited to—the following: (1) selection of the packaging for a hazardous material; (2) physical transfer of a hazardous materials to a carrier; (3) classifying the hazardous materials; (4) preparing a shipping paper; (5) reviewing shipping papers to verify compliance with the HMR or international equivalents; (6) signing hazardous materials certifications on shipping papers; (7) placing hazardous materials markings or placards on vehicles or packages; and (8) providing placards to a carrier. In addition, a carrier is defined in § 171.8 to mean a person who transports passengers or property in commerce by rail car, aircraft, motor vehicle, or vessel.
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
|§ 171.8||Definitions and abbreviations|