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Interpretation Response #05-0143 ([County of Dane] [Mr. Mark Finarty])

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

Interpretation Response Details

Response Publish Date:

Company Name: County of Dane

Individual Name: Mr. Mark Finarty

Location State: WI Country: US

View the Interpretation Document

Response text:

Jun 30, 2005


Mr. Mark Finarty                      Reference No. 05-0143
County of Dane
Department of Administration
210 Martin Luther King, Jr. Blvd., Room 425
Madison, WI 53703

Dear Mr. Finarty:

This is in response to your letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to Dane County, Wisconsin employees and operations. You state that Dane County contracts with the State of Wisconsin Department of Transportation to maintain state roadways. The operations include the transportation and application of asphalt to the state roadways by county employees. You ask whether Dane County, as a government entity, is excepted from the HMR.

The HMR apply to entities covered by the definition of “person,” in § 171.8, which includes a government entity offering hazardous material for transportation in commerce or transporting hazardous material in furtherance of a commercial enterprise. The HMR do not apply to government employees who are transporting hazardous materials in vehicles operated by government personnel for non-commercial purposes, regardless of whether one government entity reimburses the other for services rendered. Provided Dane County does not offer the hazardous material for transportation to a commercial carrier, the HMR do not apply.

I hope this information is helpful. Please contact this office if you have additional questions.



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