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Interpretation Response #04-0092 ([New York Power Authority] [Mr. Mark K. Malone])

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

Interpretation Response Details

Response Publish Date:

Company Name: New York Power Authority

Individual Name: Mr. Mark K. Malone

Location State: NY Country: US

View the Interpretation Document

Response text:

Jun 21, 2004


Mr. Mark K. Malone                 Reference No. 04-0092
Senior Attorney
New York Power Authority
123 Main Street
White Plains, New York 10601

Dear Mr. Malone:

This responds to your request for clarification of an amendment to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) adopted under Docket HM-223 (final rule published October 30, 2003; 68 FR 61906). Your questions are paraphrased and answered as follows:

Q1.      You asked if your understanding is correct that the HMR do not apply to the Authority, a corporate municipal instrumentality of New York State, in which a State employee transports hazardous materials in a State vehicle from an Authority work area to an Authority facility?

Al.        Your understanding is correct. Functions p subject to the HMR include transportation of a hazardous material in a motor vehicle, aircraft, or vessel operated by a Federal, State, or local government employee solely for noncommercial Federal, State, or local governmental purposes.

Q2.      Is an Authority employee subject to t HMR if he or she performs a pre-transportation function on, a hazardous material package at an Authority facility that will eventually be transported in a vehicle operated by a commercial carrier?

A2.      The answer is yes. The requirements of the HMR apply to each person who offers a hazardous material for transportation in commerce, causes a hazardous material to be transported in commerce, or transports a hazardous material in commerce and who performs or is responsible for performing a pre-transportation function, including each person performing pre-transportation functions under contract with any department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal government. Therefore, an instrumentality, such as the New York State Authority, offering a hazardous material to a commercial carrier for transportation is subject to the applicable rules of the HMR.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.



John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

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