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Interpretation Response #CHI-93-001 ([Horton, Knox, Carter, & Foote])

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

Interpretation Response Details

Response Publish Date:

Company Name: Horton, Knox, Carter, & Foote

Individual Name:

Location State: CA Country: US

View the Interpretation Document

Response text:

June 3, 1993

RE: Jeffrey L. Cox, Esq.
Horton, Knox, Carter & Foote
Suite 101, Law Building
895 Broadway
El Centro, California 92243

Dear Mr. Cox:

Imperial Irrigation District Exemption from Hazardous Materials Transportation Registration Requirement In response to your May 19, 1993 letter to Attorney Kathleen Molinar of my office, I am writing to advise you that the information supplied in your letter indicates that the Imperial Irrigation District (IID) is exempt from the "offeror" and "transporter" registration requirements contained in the Hazardous Materials Regulations (HMR) at 49 C.F.R. SS 107.601-107.620. This exempt status is based upon IID's meeting the definition of "[a]n agency of a political subdivision of a state," enumerated in 49 C.F.R. S 107.606(c).

Additionally, so long as the IID does not offer hazardous materials for transportation in commerce or transport them in furtherance of a commercial enterprise, it is also exempt from the applicability of the HMR, 49 C.F.R. Parts 171-180. Review of 49 C.F.R. S 171.8, the definitional section of the HMR, 1ndicates that a "person" to whom the HMR is applicable, includes an "… agency or instrumentality of any government only….when it offers hazardous materials for transportation in commerce or transports hazardous materials in furtherance
of a commercial enterprise…" (Emphasis added).

If you require additional information, please do not hesitate to contact Kathleen Molinar of my staff at (202) 366-4400.


Edward H. Bonekemper, III
Assistant Chief Counsel for
Hazardous Materials Safety and
Research & Technology Law
cc: Mr. Arthur Llamas
Imperial Irrigation District



Regulation Sections

Section Subject
107.606 Exceptions
171.8 Definitions and abbreviations