Registration for International Companies
The purpose of the Pipeline and Hazardous Materials Safety Administration (PHMSA) Registration Program is to reshape Information technology in the way we work and do business, and to make the registration process more efficient for registrants. Therefore, our new registration system was developed to replace the Hazardous Materials Registration legacy system, which reached the end of its lifecycle. In addition, the new system was created with more capabilities and newer technology, requirements, policies, business rules, and security measures.
Offerors and transporters of certain quantities and types of hazardous materials, including hazardous wastes, are required to file an annual registration statement with the U.S. Department of Transportation and to pay a fee (see Title 49 CFR Part 107, Subpart G (107.601 - 107.620). The fee provides funds for grants distributed to States and federally recognized tribes for hazardous materials emergency response planning and training and to certain nonprofit organizations for training purposes. This program began in 1992 and is administered by the Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration (PHMSA).
International Carrier Requirements
Per the Hazardous Materials Regulations, an international offeror and/or carrier who is not a United States resident, and their country of origin does not offer reciprocity to the U.S., must register certain quantities of hazardous materials with PHMSA in accordance with the Code of Federal Regulations 49 CFR §107. 608 (e) that states: If the registrant is not a resident of the United States, the registrant must attach to the registration statement the name and address of a permanent resident of the United States, designated in accordance with §105.40, to serve as agent for service of process. Thus, be required to have a U.S. designated agent before they can begin transporting materials to, from, or within the U.S.
Please Note the following HAZMAT registration exclusion and restriction requirements for Canadian registrants only:
“Canadian shippers” are not required to submit a Hazardous Materials registration with PHMSA due to the registration reciprocity between the United States and Canada., provided that their government offers a reciprocal exception for U.S. shippers.
“Canadian carriers” domiciled outside of the United States who transport certain quantities of hazardous materials. These Canadian carriers are required to obtain a U.S. Designated Agent to conduct business in the United States and must follow the Code of Federal Regulations 49 CFR §107.608. They must register and pay a fee when transporting applicable materials in the United States (for definitions of these terms, see §171.8.) Under §107.606(a)(7), foreign shippers (i.e., offerors).
What is a Designated Agent
The purpose of the designated agent form is to receive documents on behalf of the international company. The agent can be a person or business that is not connected to your company. Once you locate a designated agent, please ensure that the potential agent has reviewed PHMSA’s requirements for US Designated Agents at 49 CFR 105.40. In addition, the Hazardous Materials Registration system has added more restrictive security measures. These include a mandatory field in the registration form to ensure that international registrants comply with 49 CFR §107.608, which states: If the registrant is not a resident of the United States, the registrant must attach to the registration statement the name and address of a permanent resident of the United States, designated in accordance with §105.40, to serve as agent for service of process.”
Designated Agent Requirements:
- May be an individual, firm, or a domestic corporation,
- May represent any number of principals,
- May not reassign responsibilities under a designation to another person.
- Each principal may have only one designated agent at a time.
In preparing a designation it must include the following information:
- The designation must be written, signed and dated,
- Identify the Hazardous Materials Regulations section that requires you to file a designation (105.40),
- A description of the activity the designation will provide,
- Certify that the designation is in the correct legal form required to make it legal and binding on you under the laws, corporate bylaws, and other requirements that apply to designations at the time and place you are making the designation,
- Provide the applicant's full legal name, the principal name of the business, mailing address, e-mail address, telephone number and fax number,
- A statement that your designation will remain in effect until you withdraw or replace it,
- Provide the designated agent's full legal name, the name of the business, mailing address, e-mail address, telephone number and fax number,
- A declaration of acceptance signed by both the foreign company and the designated agent, and
- Any additional information if required.
International Payment Process
Registrants must process ACH checks directly through our “portal” at the following link https://portal.phmsa.dot.gov to avoid processing delays. From our portal, you will automatically be directed into Pay.Gov to complete the payment process. The routing number on your check “must” be from an American bank. If the routing number is not from an American bank, the check will not be processed online, even if the international check has US dollars printed on the check.
Our policy is as follows: 49 CFR §107.616 (b) Payment must be made by certified check, cashier's check, personal check, or money order in U.S. funds and drawn on a U.S. bank, payable to the U.S. Department of Transportation and identified as payment for the “Hazmat Registration Fee,” or by completing an authorization for payment by credit card or other electronic means of payment acceptable to the Department on the registration statement or as part of an Internet registration as provided in paragraph (a) of this section.
A major concern for international registrants was the restrictiveness of the Hazardous Materials Registration system. The system was designed to implement more security measures for payment processing and accountability. Therefore, as stated above, the purpose of the designated agent form is to receive documents on behalf of the international company. The agent can be a person or business that is not connected to your company. Once you locate a designated agent, please ensure that the potential agent has reviewed PHMSA’s requirements for US Designated Agents at 49 CFR 105.40.
- Why do I need a designated agent?
- How do I find a designated agent?
- How do I register in the new portal?
- How do I get a fillable designated agent form with an informational addendum?
- Where can I get help if I have problems registering?
For assistance, you can call (202) 934-1630 for businesses beginning with the letters A-M, or call (202) 934-1631 for businesses beginning with the letters N-Z. You can also request additional electronic copies of the brochure and form or to inquire about the status of registrations already submitted. In addition, you can request an electronic copy of a certificate of registration (you can also print a copy of a certificate from the 'Company Registration Look-Up' service). For further assistance, please call the Hazardous Materials Information Center at (800) 467-4922 or email firstname.lastname@example.org.