# Notice and Request for Comments: FAQs - Applicability of the Hazardous Materials Regulations

- **operation:** document
- **citation:** PHMSA Guidance, Notice and Request for Comments: FAQs - Applicability of the Hazardous Materials Regulations
- **title:** Notice and Request for Comments: FAQs - Applicability of the Hazardous Materials Regulations
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2022-03-22
- **effective on:** 2022-03-22
- **summary:** Notice and Request for Comments: FAQs - Applicability of the Hazardous Materials Regulations Document FAQ Applicability of Hazardous Material Regulations 87 FR 16308 (March 22 2022).pdf (215.79 KB) PHMSA is conducting an initiative to convert historical letters of interpretation applicable to the Hazardous Materials Regulations that have been issued to specific stakeholders into broadly applicable frequently asked qu
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Notice and Request for Comments: FAQs - Applicability of the Hazardous Materials Regulations

Document

 FAQ Applicability of Hazardous Material Regulations 87 FR 16308 (March 22 2022).pdf (215.79 KB)

        PHMSA is conducting an initiative to convert historical letters of interpretation applicable to the Hazardous Materials Regulations that have been issued to specific stakeholders into broadly applicable frequently asked questions (FAQs) on its website. By creating a repository of FAQs, PHMSA seeks to eliminate the need for recurring requests for common letters of interpretations. Interested persons are invited to submit comments on the initiative and input on the prioritization of future sets of FAQs on or before May 23, 2022. 

See the Federal Register Notice for more details, which introduces the initiative and its objectives to those subject to the Hazardous Materials Regulations.

          Issued Date: Tuesday, March 22, 2022

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16308 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2021–0109; Notice No.
2022–02]
Hazardous Materials: Frequently
Asked Questions—Applicability of the
Hazardous Material Regulations
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice; request for comments.
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SUMMARY: PHMSA is announcing an
initiative to convert historical letters of
interpretation (LOI) applicable to the
Hazardous Materials Regulations that
have been issued to specific
stakeholders into broadly applicable
frequently asked questions on its
website. By creating a repository of
frequently asked questions, PHMSA
seeks to eliminate the need for recurring
requests for common letters of
interpretations. This Federal Register
Notice introduces this initiative and its
objectives to those subject to the
Hazardous Materials Regulations.
PHMSA’s objective is to gain insight
regarding the utility of this initiative
and topics to prioritize in the
development of future frequently asked
questions. PHMSA requests comment
on the initiative and input on the
prioritization of future sets of frequently
asked questions.
DATES: Interested persons are invited to
submit comments on or before May 23,
2022. Comments received after that date
will be considered to the extent
practicable.
ADDRESSES: You may submit comments
identified by the Docket Number
PHMSA–2021–0109 by any of the
following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management System;
U.S. Department of Transportation,
West Building, Ground Floor, Room
W12–140, Routing Symbol M–30, 1200
New Jersey Avenue SE, Washington, DC
20590.
• Hand Delivery: Docket Management
System; Room W12–140 on the ground
floor of the West Building, 1200 New
Jersey Avenue SE, Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Instructions: All submissions must
include the agency name and Docket
Number (PHMSA–2021–0109) for this
notice. To avoid duplication, please use
only one of these four methods. All
comments received will be posted
without change to the Federal Docket
Management System (FDMS) and will
include any personal information you
provide.
Docket: For access to the dockets to
read background documents or
comments received, go to http://
www.regulations.gov or DOT’s Docket
Operations Office (see ADDRESSES).
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to http://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at http://www.dot.gov/
privacy.
Confidential Business Information
(CBI): CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this notice
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this notice, it is important
that you clearly designate the submitted
comments as ‘‘CBI.’’ Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ Submissions containing
CBI should be sent to Arthur Pollack,
Standards and Rulemaking Division,
(202) 366–8553, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC
20590–0001. Any commentary that
PHMSA receives which is not
specifically designated as CBI will be
placed in the public docket for this
notice.
FOR FURTHER INFORMATION CONTACT:
Arthur Pollack, Standards and
Rulemaking Division, (202) 366–8553,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
PHMSA is announcing an initiative to
publish frequently asked questions
(FAQ) on its website to facilitate better
public understanding and awareness of
the hazardous materials regulations
(HMR; 49 CFR parts 171–180). The FAQ
contained in this notice are intended to
clarify, explain, and promote better
understanding of the HMR. FAQ are not
substantive rules, themselves, and do
not create legally enforceable rights,
assign duties, or impose new obligations
not otherwise contained in the existing
regulations and standards, but are
provided to help the regulated
community understand how to comply
with the regulations. However, an
individual who can demonstrate
compliance with the FAQ is likely to be
able to demonstrate compliance with
the relevant regulations. If a different
course of action is taken by an
individual, the individual must be able
to demonstrate that its conduct is in
accordance with the regulations.
PHMSA is creating a repository of
these questions, which will remove the
need for recurring requests for common
letters of interpretation and will assist
PHMSA in streamlining the use of its
resources by eliminating frequently
asked and recurring (LOI). This
initiative will provide additional value
to PHMSA’s Online Code of Federal
Regulations (oCFR) tool found at https://
www.phmsa.dot.gov/standards-
rulemaking/hazmat/phmsas-online-cfr-
ocfr. The oCFR tool is an interactive
web-based application that allows users
to navigate with a single click between
all content, including LOI connected to
an HMR citation. The oCFR tool
includes the ability to sort, filter, and
export search results. Upon completion
of this initiative, the PHMSA Office of
Hazardous Materials Safety (OHMS)
will be able to achieve efficiencies for
other more complex or novel requests
for LOI and devote resources to other
hazardous materials transportation
safety projects. Resources may be made
available for other improvement-related
operations such as petitions for
rulemakings, public outreach and
engagement, and economically
beneficial regulatory and policy
improvements. The information
provided in this notice is useful to the
regulated community, private citizens
intending to offer a hazardous material
for transportation, and state and local
entities involved in hazardous materials
transportation. PHMSA is publishing
the first set of questions developed
under this initiative.
II. Background
Federal hazardous materials
transportation law (49 U.S.C. 5101 et
seq.) directs the Secretary of
Transportation (‘‘the Secretary’’) to
establish regulations for the safe and
secure transportation of hazardous
materials in commerce. The Secretary is
authorized to apply those regulations to
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(1) persons who transport hazardous
materials in commerce, (2) persons who
cause hazardous materials to be
transported in commerce, (3) persons
who manufacture or maintain a
packaging or a component of a
packaging that is represented, marked,
certified, or sold as qualified for use in
the transportation of a hazardous
material in commerce, (4) persons who
indicate by marking or other means that
a hazardous material being transported
in commerce is present in a package or
transport conveyance when it is not,
and (5) persons who tamper with a
package or transport conveyance used to
transport hazardous materials in
commerce or a required marking, label,
placard, or shipping description.
In 49 CFR 1.97, the Secretary
delegated authority to issue regulations
for the safe and secure transportation of
hazardous materials in commerce to the
PHMSA Administrator. The PHMSA
Administrator issues the HMR under
that delegated authority. The HMR
prescribes requirements for the safe
transportation in commerce of
hazardous materials, including
provisions for classification, packaging,
and hazard communication.
To facilitate its safety mission and
promote better awareness of its
programs and compliance requirements,
OHMS periodically issues agency
guidance in the Federal Register and on
its publicly available website 1 for use
by the regulated community, PHMSA
staff, and federal, state, and local
partners. This information is non-
binding material given to the public
pertaining to information and resources
useful to comply with the HMR and is
also used to make the public aware of
safety issues or best practices. PHMSA
issues this information through posted
FAQ, advisory bulletins, publications,
and policy manuals. PHMSA also
answers questions from stakeholders
through its staff and the Hazardous
Materials Information Center (HMIC) 2
and by issuing LOI. As provided in 49
CFR 105.20 (Guidance and
Interpretations), a member of the public
may request information and answers to
questions on HMR compliance by
contacting the OHMS Standards and
Rulemaking Division or the HMIC.3
OHMS receives an average of 250
requests for LOI each year. While each
letter of interpretation is fact specific,
some of these requests for
interpretations present similar
circumstances to earlier questions that
have previously been asked, answered,
and published on PHMSA’s oCFR
website at https://www.phmsa.dot.gov/
standards-rulemaking/hazmat/phmsas-
online-cfr-ocfr.
The purpose of this FAQ initiative is
to optimize the effectiveness, reach, and
impact of the OHMS LOI process.
Through publishing FAQ, PHMSA will
memorialize in broadly applicable
guidance its historical letters of
interpretation for, and applicable to,
specific stakeholders regulated by the
HMR. Specifically, this initiative will
adapt currently available stakeholder
engagement functions to more directly
appeal to a broader regulated
community, develop a systematic
process in managing/curating agency
information that can be incorporated
conveniently into existing workflows,
and create helpful tools for current
stakeholders. The success of this
initiative will be measurable by
monitoring PHMSA website
engagement, the rate of incoming calls
to the HMIC, and the volume of
incoming LOI requests. A successful
project should see an increase in
website engagement with either static or
reduced rates of calls to the HMIC and
a reduced volume of incoming LOI
requests. In addition, the interpretation
workflow should reflect more efficient
processing and productivity.
III. Frequently Asked Questions:
Applicability of Hazardous Materials
Regulations to Persons and Functions
Section 171.1 addresses the
applicability of the HMR for the safe
and secure transportation of hazardous
materials in commerce. PHMSA
proposes to publish the following series
of FAQ in the Federal Register and on
its website to facilitate better
understanding of the HMR applicability
requirements and avoid the need for
responding to frequent and recurring
questions already addressed in
accordance with § 105.20.
(1) Question: Is a Federal, state, or local
government agency subject to the HMR?
Answer: Pursuant to § 171.1(d)(5), a
Federal, state, or local government that
transports hazardous materials for non-
commercial governmental purposes using its
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Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices
16309
1 https://www.phmsa.dot.gov/guidance.
2 The HMIC can be reached at 1–800–467–4922
and infocntr@dot.gov. For additional information
visit: https://www.phmsa.dot.gov/standards-
rulemaking/hazmat/hazardous-materials-
information-center.
3 To request a formal letter of interpretation,
persons may also write to: Mr. Shane Kelley,
Director, Standards and Rulemaking Division, U.S.
DOT/PHMSA (PHH–10), 1200 New Jersey Avenue
SE, East Building, 2nd Floor, Washington, DC
20590. To obtain information and answers
pertaining to statute compliance and preemption,
persons must, as prescribed by 49 CFR 105.20(b),
contact the office of the Chief Counsel at: Office of
the Chief Counsel, U.S. DOT/PHMSA (PHC–10),
1200 New Jersey Avenue SE, East Building,
Washington, DC 20590, or at (202) 366–4400.
own personnel is not engaged in
transportation in commerce and, therefore, is
not subject to the HMR. As specified in
§ 171.1, the HMR governs the safe
transportation of hazardous materials in
intrastate, interstate, and foreign commerce.
The term ‘‘in commerce’’ does not include a
Federal, state, or local government that
transports hazardous materials for its own
use, using its own personnel, and motor
vehicles, aircraft, or vessel under its control.
(2) Question: Are state universities subject
to the HMR when transporting hazardous
materials?
Answer: A state agency—such as a state
university—that transports hazardous
materials for its own non-commercial use,
using its own personnel and vehicles, is not
engaged in transportation in commerce and,
therefore, is not subject to the HMR.
However, if the university is privately-
operated or is a state university offering
hazardous materials for transportation to
commercial carriers, the HMR apply.
(3) Question: Is a hazardous material
transported on private roads subject to the
HMR?
Answer: Section 171.1(d)(4) states that the
transportation of hazardous materials entirely
on private roads with restricted public access
is not subject to the HMR.
(4) Question: Is a hazardous material
subject to the HMR that only crosses a public
road?
Answer: The transportation of hazardous
materials that, for example, takes place by
motor vehicle and within a contiguous plant
or factory boundary, is not subject to the
HMR. However, intra-plant transport that
utilizes or crosses a public road is subject to
the HMR during that portion of the
transportation unless access to the public
road is restricted by gates, traffic signals,
guard stations, or similar controls, in
accordance with § 171.1(d)(4).
(5) Question: Are hazardous materials
installed or used in or on a motor vehicle
(e.g., gasoline in the motor vehicle’s fuel
tank) subject to the HMR?
Answer: Hazardous materials that are
installed or used in or on a motor vehicle
such as the motor vehicle’s fuel, suspension,
or safety systems are not subject to the HMR.
Fuel systems and safety equipment may be
subject to the Federal Motor Carrier Safety
Regulations (FMCSR) or National Highway
Traffic Safety Administration (NHTSA)
requirements.
(6) Question: Is the filling of a package with
a hazardous material subject to the HMR if
it is not being offered for transportation in
commerce? For example, pouring a
flammable liquid into bottles that may be
transported eventually.
Answer: The answer is no. However, if
there is a chance of future transportation in
commerce, the stakeholder should consider
placing that hazardous material in
packagings suitable for transportation of that
material in commerce to minimize safety
risks associated with its re-packaging.
(7) Question: Are stationary (storage) tanks
containing a hazardous material such as
propane subject to the HMR?
Answer: The answer is no, unless the tank
is transported in commerce containing a
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16310 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices
hazardous material or its residue or if it is
represented and maintained as a Department
of Transportation (DOT) packaging usable for
hazmat transportation.
(8) Question: Are hazardous materials
being transported for personal use subject to
the HMR? For example, are pesticides that
are transported from a store by individuals to
treat their garden subject to the HMR?
Answer: The answer is no. Under part 171,
the phrase ‘‘in commerce’’ means in
furtherance of a commercial enterprise and
transportation in a private motor vehicle for
personal use is not considered in furtherance
of a commercial enterprise even when
transported in a leased or rented vehicle.
(9) Question: Are privately-owned SCUBA
tanks that are used for diving and marked as
DOT specification cylinders subject to the
HMR?
Answer: A SCUBA tank that is represented
as conforming to HMR requirements—i.e.,
marked with a DOT specification marking—
must be maintained by the owner of said
SCUBA tank in accordance with the
applicable specification requirements
whether or not it is in transportation in
commerce.
(10) Question: Are government-owned
hazardous materials transported for
government purposes by contractor
personnel subject to the HMR?
Answer: The answer is yes. As provided in
§ 171.1(d)(5), the HMR do not apply to
transportation of a hazardous material in a
motor vehicle, aircraft, or vessel operated by
a Federal, state, or local government
employee solely for noncommercial Federal,
state, or local government purposes.
However, contractor personnel are not
considered government employees and the
provisions of the HMR apply.
(11) Question: Are gasoline cans
transported by a landscaping company by
motor vehicle subject to the HMR?
Answer: Commercial businesses—such as
landscaping, swimming pool services, or
construction companies—transporting
hazardous materials are considered ‘‘in
commerce’’ and subject to the HMR.
However, when used in support of a
business, the HMR provides an exception in
§ 173.6 for the transport of ‘‘materials of
trade.’’
(12) Question: Are household hazardous
wastes that are transported by a private
person to a county drop-off facility subject to
the HMR?
Answer: The answer is no, provided the
household hazardous wastes are the
individual’s personal property and he or she
is not engaged in a commercial activity, such
as a landscaping company or carpentry
service.
IV. Notice Objectives
FAQ in this notice—and future FAQ
published on PHMSA’s website—will
help to reduce the volume of
duplicative requests for information
covered by the FAQ and will facilitate
faster processing of more complex and
novel LOI requests in the future.
Furthermore, in addition to publishing
the first set of FAQ in the Federal
Register, this notice seeks public input
specific to the anticipated benefits
provided by the FAQ initiative and
suggestions for future FAQ topics.
Signed in Washington, DC, on March 16,
2022, under authority delegated in 49 CFR
1.97.
William A. Quade,
Deputy Associate Administrator of Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2022–05958 Filed 3–21–22; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
[DOT–OST–2021–0009]
Solicitation for Annual Combating
Human Trafficking in Transportation
Impact Award
AGENCY: Office of the Secretary of
Transportation, U.S. Department of
Transportation.
ACTION: Notice.
SUMMARY: The annual Combating
Human Trafficking in Transportation
Impact Award (the award) seeks to raise
awareness among transportation
stakeholders about human trafficking
and increase training and prevention to
combat it. The award is a component of
the Department of Transportation (DOT)
Transportation Leaders Against Human
Trafficking initiative. Additional
information regarding the Department’s
counter-trafficking activities can be
found at www.transportation.gov/
stophumantrafficking.
DATES: Submissions accepted March 22,
2022 through midnight PST on May 23,
2022.
FOR FURTHER INFORMATION CONTACT: For
more information, and to register your
intent to compete individually or as part
of a team, visit www.transportation.gov/
stophumantrafficking, email
trafficking@dot.gov, or contact Maha
Alkhateeb in the Office of International
Transportation and Trade at (202) 366–
4398.
SUPPLEMENTARY INFORMATION: The award
serves as a platform for transportation
stakeholders to creatively develop
impactful and innovative counter-
trafficking tools, initiatives, campaigns,
and technologies that can help stop
these heinous crimes. The award is
open to individuals and entities,
including non-governmental
organizations, transportation industry
associations, research institutions, and
state and local government
organizations. Entrants compete for a
cash award of up to $50,000 to be
awarded to the individual(s) or entity
selected for creating the most impactful
counter-trafficking initiative or
technology. DOT intends to incentivize
individuals and entities to think
creatively in developing innovative
solutions to combat human trafficking
in the transportation industry, and to
share those innovations with the
broader community.
Award Approving Official: The
Secretary of Transportation (Secretary).
Subject of Award Competition: The
Combating Human Trafficking in
Transportation Impact Award will
recognize impactful and innovative
approaches to combating human
trafficking in the transportation
industry.
Problem
As many as 25 million men, women,
and children are held against their will
and trafficked into forced labor and
prostitution. Transportation figures
prominently in human trafficking
enterprises when traffickers move
victims, which uniquely positions the
industry to combat the crime.
Challenge
The Combating Human Trafficking in
Transportation Impact Award is looking
for the best innovators to develop
original, impactful, and unique human
trafficking tools, initiatives, campaigns,
and technologies that can help stop
these heinous crimes in the
transportation industry.
Eligibility
To be eligible to participate in the
Combating Human Trafficking in
Transportation Impact Award
competition, private entities must be
incorporated in and maintain a primary
place of business in the United States,
and individuals must be citizens or
permanent residents of the United
States. There is no charge to enter the
competition.
Rules, Terms, and Conditions
The following additional rules apply:
1. Entrants shall submit a project to
the competition under the rules
promulgated by the Department in this
Notice;
2. Entrants must indemnify, defend,
and hold harmless the Federal
Government from and against all third-
party claims, actions, or proceedings of
any kind and from any and all damages,
liabilities, costs, and expenses relating
to or arising from participant’s
submission or any breach or alleged
breach of any of the representations,
warranties, and covenants of participant
hereunder. Entrants are financially
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