Interpretation Response #CHI-92-001 ([Georgia Ports Authority])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Georgia Ports Authority
Individual Name:
Location State: GA Country: US
View the Interpretation Document
Response text:
April 1, 1992
Thomas J. Mahoney, Jr.
Special Assistant Attorney General Georgia Ports Authority
P.O. Box 786 Savannah, GA 31402
Dear Mr. Mahoney:
I am belatedly replying to your October 4, 1991 letter to Attorney Mary Crouter of this Office. Your letter and your earlier discussions with Ms. Crouter concerned Federal inspections under the Hazardous Materials Transportation Act (HMTA), 49 App. u .s.c. § 1801 et sseq.
Under § 1804, the Secretary of Transportation (through the Research and Special Programs Administration (RSPA) ) issues regulations for the safe transportation of hazardous materials in intrastate, interstate and foreign commerce. Because of the § 1802(11) definition of "person," the HMTA and the regulations issued under it apply to governmental agencies and instrumentalities when they offer hazardous materials for transportation in commerce or transport hazardous materials in furtherance of a commercial enterprise.
Section 1808 provides that the Secretary may authorize officers, employees and agents to conduct inspections of records and properties relating to the transportation or shipment of hazardous materials in commerce or the distribution of packages or containers for use that transportation. The Secretary has delegated that enforcement to RSPA, the U.S. Coast Guard, the Federal Highway Administration, the Federal
Railroad Administration and the Federal Aviation Administration. 55 Federal Register 31343,, July 10, 1991
As a result, inspectors from these five agencies are authorized to conduct unannounced inspections of transportation facilities. Those facilities include port areas and terminals. Therefore, RSPA and other Department of Transportation inspectors periodically conduct inspections of port facilities in all ports in the United States and will continue to carry out those activities in Savannah, Wilmington, Jacksonville, Mobile and all other U.S. ports. No port has been, or will be, arbitrarily "singled out" for inspections
These inspections carried out either at random or in response to specific allegations of illegal practices, are necessary to ensure compliance with the HMTA. The fact that an inspection is being conducted does not constitute any adverse reflection upon the particular port or facility being inspected. We look forward to your cooperation and that of the Georgia Ports Authority when the Department's inspectors are in your port.
Thank you very much for your cooperation. If you have questions or wish to discuss any issues or problems concerning this matter, please call me or Attorney Mike Hilder of my staff at 202-366-4400.
Sincerely,
Edward H. Bonekemper, III
Assistant Chief Counsel for
Hazardous Materials Safety and
Research & Technology Law
cc:
Mr. George J. Nichols Executive Director Georgia Ports Authority
P.O. Box 2406 savannah, GA 31402