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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #CHI-94-001 ([Swidler & Berlin] [Lawrence W. Bierlein])

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

Interpretation Response Details

Response Publish Date:

Company Name: Swidler & Berlin

Individual Name: Lawrence W. Bierlein

Location State: DC Country: US

View the Interpretation Document

Response text:

Office of the Chief Counsel

Lawrence W. Bierlein, Esq.

Swidler & Berlin

3000 K Street, N.W.

Suite 300

Washington, DC 2007-5116

Dear Hr. Bierlein:

I am responding to your inquiry concerning applicability of the Hazardous Material. Regulations (HMR), 49 CPR Parts 171-180,
which implement the Hazardous Materials Transportation Act (HMTA), 49 App. U.S.C. 1801 at seg.

You inquired about the applicability of the HMR to hazardous materials transportation occurring solely within a privately owned industrial park. The HMTA and the HMR apply only to
transportation "in commerce" 49 App. U.S.C. §§ 1801, 1803 and 1804; 49 CFR § 171.2 (a) and (b). Transportation occurring
solely on private property is not transportation in commerce; therefore, that transportation is not subject to the HMTA or the HMR.


Edward H. Bonekemper, III

Assistant Chief Counsel

for Hazardous Materials Safety & Research and Technology Law

Regulation Sections

Section Subject
171.2 General requirements