Interpretation Response #21-0078
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
September 15, 2021
Ms. Christina Reynolds
Chief Science Officer
13685 Otterson Ct
Livonia, MI 48150
Reference No. 21-0078
Dear Ms. Reynolds:
This letter is in response to your July 13, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the applicability of the HMR to a new technology your company has developed. In your email and subsequent phone conversations, you describe a device that will be attached to the cab of a motor vehicle. This device will connect to the exhaust system, filter out CO2, then compress the gases into attached onboard cylinders for the purpose of reducing carbon emissions. You ask whether your carbon capture device is subject to the HMR when installed on a motor vehicle.
Based on the information you have provided, the answer is no. Section 171.1(b) and (c) state that the requirements of the HMR apply to each person who offers a hazardous material for transportation in commerce or transports a hazardous material in commerce. It is the opinion of this Office that auxiliary equipment attached to a motor vehicle with the intent of reducing carbon emissions is not considered to be "in commerce." Therefore, the requirements of the HMR are not applicable to your device.
However, please be aware that there may be applicable requirements from other Federal agencies such as the Federal Motor Carrier Safety Administration (FMCSA), who can be reached at 1800-832-5660, the National Highway Traffic Safety Administration (NHTSA), who can be reached at 1-888-327-4236, and the Environmental Protection Agency (EPA), who can be reached at 1-734-214-4333.
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
|§ 171.1||Applicability of Hazardous Materials Regulations (HMR) to persons and functions|