Interpretation Response #06-0225
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Nov 15, 2006
Ms. Christine Nunez Reference No. 06-0225
City of Surprise, Water Services Department
12425 W. Bell Road, Suite D-100
Surprise, AZ 85374-9002
Dear Ms. Nunez:
This responds to your letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to government agencies and government contractors. You ask if the City of Surprise is subject to the HMR if it hires a contractor to perform all shipper or carrier functions.
The HMR apply to the transportation of hazardous materials in commerce. The HMR do not apply to the transportation of a hazardous material in a motor vehicle, aircraft, or vessel operated by a Federal, state, or local government employee solely for noncommercial governmental purposes because such transportation is not considered to be “in commerce” (see § 171.1(d)(5)). Thus, if City of Surprise employees prepare and transport hazardous waste for disposal, that transportation is not subject to the HMR.
Persons performing pre-transportation or transportation functions under contract with a Federal, state, or local government entity are subject to the HMR. Thus, if the City of Surprise contracts with a third party to class, package, prepare shipping documentation, load, and transport hazardous waste on its behalf, the contractor must comply with all applicable HMR requirements.
The HMR do not require hazardous materials shippers and carriers to obtain a permit to transport hazardous materials. However, in accordance with 49 CFR Part 107, Subpart G, a person who offers for transportation or transports one or more of the hazardous materials listed in 49 CFR 107.60 1 must register and pay a registration fee. You are correct that a government agency is not required to register.
I trust this satisfies your request.
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
107.601, 171.1(d)(5), 1713.22
|§ 171.1||Applicability of Hazardous Materials Regulations (HMR) to persons and functions|