Interpretation Response #04-0135 ([Mr. Don Stiger])

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

Interpretation Response Details

Response Publish Date: 10/07/2004

Company Name:

Individual Name: Mr. Don Stiger

Location State: OR Country: US

View the Interpretation Document

Response text:

Oct 7, 2004

Mr. Don Stiger                 Reference No. 04-0135
3683 SW 30 Drive
Gresham, OR 97080

Dear Mr. Stiger:

This is in response to your May 26, 2004, concerning the Hazardous Materials Registration Program established in 49 CFR Part 107, Subpart G. Specifically, you ask whether air carriers must register.

The registration and fee requirements apply to any person who offers for transportation or transports in commerce one or more of the following hazardous materials:

(1)     A highway-route controlled quantity of a Class 7 material in a motor vehicle, rail car, or freight container;

(2)     More than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 material in a motor vehicle, rail car, or freight container;

(3)     More than one L (1.06 qt) of a material poisonous by inhalation that meets the criteria for Hazard Zone A;

(4)     A shipment in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids;

(5)     A shipment in other than a bulk packaging of 2,268 kg (5,000 pounds) gross weight or more of one class of hazardous materials for which placarding of a vehicle, rail car, or freight container is required for that class, under the provisions of subpart F of part 172 of this chapter; or

(6)     Except activities of a farmer, as defined in 49 CFR § 171.8, that are in direct support of the farmer’s farming operations; a quantity of hazardous material that requires placarding, under provisions of 49 CFR Part 172, Subpart F.

The registration and fee requirements apply to the transportation of hazardous materials by all modes, including air carriage. The requirements are triggered by the offering or transportation of a hazardous material in a quantity and manner that requires placarding under 49 CFR Part 172, Subpart F. If a carrier’s shipments are excepted from the placarding requirements of the HMR (for example, as provided in § 172.512(a) (3)), the carrier is not required to register.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review arid Reinvention
Office of Hazardous Materials Standards

172.512

Regulation Sections