Interpretation Response #99-0202 ([The Boeing Company] [Ms. Michele A. Giusiana])

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

Interpretation Response Details

Response Publish Date: 09/29/1999

Company Name: The Boeing Company

Individual Name: Ms. Michele A. Giusiana

Location State: WA Country: US

View the Interpretation Document

Response text:

September 29, 1999

Ms. Michele A. Giusiana                       Ref. No. 99-0202
The Boeing Company
P.O. Box 3707, MC 13-08
Seattle, WA. 98124-2207

Dear Ms. Giusiana:

This is in response to your letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to government contract employees moving hazardous materials on private property.

You are correct in your understanding that hazardous materials moved entirely on private property on roads which do not have public access are not considered in transportation and are not regulated by the HMR. Section l7l.l (b) states that persons under contract with local, state and Federal agencies are subject to the HMR.  The letters of clarification from our office,which you included with your request (Bonekemper toWilliams, 4/26/93 andKaleta toDenny,4/23/91), state that shipments are not in commerce unless they move across or along roads to which the public has access.

I hope this satisfies your request.

Sincerely,

Delmer F Billings
Chief, Standards Development
Office of Hazardous Materials Standards

172.101 (b)

Regulation Sections