Interpretation Response #19-0031
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
June 11, 2019
502 Big Creek Drive
Delta, AL 36258
Reference No. 19-0031
Dear Mr. Dunaway:
This letter is in response to your March 11, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to registration. Specifically, you ask if a person is required to submit a hazardous materials registration and payment if they offer for transportation or transport less than 55 pounds of a Division 1.1, 1.2, or 1.3 (explosive) material.
The answer is yes, unless it is an activity of a farmer, as defined in § 171.8, that is in direct support of farming operations (see § 107.601(b)). In accordance with § 107.601(a)(6), the registration and fee requirements apply to any person who offers for transportation, or transports, in foreign, interstate or intrastate commerce a quantity of hazardous material that requires placarding, under provisions of subpart F of part 172. Subpart F of part 172 requires that any quantity of a Division 1.1, 1.2, or 1.3 (explosive) material be placarded; the registration fee applies to both a person who offers for transportation or transports any quantity of a Division 1.1, 1.2, or 1.3 (explosive) material. Being below the threshold quantity in § 107.601(a)(2) does not exclude a person from possibly being subject to the condition of § 107.601(a)(6).
I hope this information is helpful. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division
107.601(a)(2), 107.601(a)(6), 107.601(b), 171.8, 172,