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Interpretation Response #03-0172 ([Ondeo Nalco Company] [Ms. Anita S. Knight])

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

Interpretation Response Details

Response Publish Date:

Company Name: Ondeo Nalco Company

Individual Name: Ms. Anita S. Knight

Location State: IL Country: US

View the Interpretation Document

Response text:

Feb 27, 2004


Ms. Anita S. Knight               Reference No. 03-0172
Ondeo Nalco Company
Ondeo Nalco Center
Naperville, IL 60563-1198

Dear Ms. Knight:

This is in response to your letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to hazardous materials being transported on both public and private roads.  Specifically, you ask whether your hazardous material shipments are considered non-commercial and whether they are subject to the HMR.  You reference a letter from this office to Ms. Karen Van Dusen of the University of Washington dated September 2, 1997 and state that your scenario is similar.

As stated in the September 2, 1997 letter, a state agency (such as a state university) that transports hazardous materials for its own use, using its own personnel and vehicles, is not engaged in transportation in Commerce and, therefore, is not subject to the HMR.  “In commerce” means in furtherance of a commercial enterprise.  You state that Ondeo Nalco employees transport Class 3 or Class 8 chemical products to customers at various university locations.  Ondeo Nalco is a company engaged in transportation in commerce and is, therefore, subject to the HMR.  With regard to your statement that the hazardous materials are transported on both public and private roads, as stated in the September 2, 1997 letter, the transportation of hazardous materials must be entirely on private roads with restricted public access to be excepted from the HMR.

I hope this information is helpful.



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


Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions