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Interpretation Response #08-0041 ([Sweetser & Associates] [Mr. Larry D. Sweetser, Jr.])

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

Interpretation Response Details

Response Publish Date:

Company Name: Sweetser & Associates

Individual Name: Mr. Larry D. Sweetser, Jr.

Location State: CA Country: US

View the Interpretation Document

Response text:

March 21, 2008

Mr. Larry D. Sweetser, Jr.

Sweetser & Associates

2115 Rheem Avenue

Richmond, CA 94801

Ref. No.: 08-0041

Dear Mr. Sweetser:

This is in response to your February 17, 2008 letter regarding transportation of household waste by government employees under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:

Q1. Is household hazardous waste transported by a government employee subject to the HMR?

A1. 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.

Q2. Are shipping papers required for non- commercial household hazardous waste shipments when transported in vehicles operated by government employees?

A2. No. See A1.

Q3. Does the quantity of hazardous material shipped affect applicability of hazardous material shipments by government employees?

A3. No. See A1.



Q4. Are non- commercial household hazardous wastes shipments when transported separately from other non-hazardous household wastes in vehicles operated by government employees subject to the HMR?

A4. No. See A1.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations