{"operation":"document","citation":"PHMSA Guidance, Registration Definitions","title":"Registration Definitions","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-03-20","effective_on":"2009-03-20","summary":"Registration Definitions Document Definition of Registration Terms.pdf (116.46 KB) Terms and Definitions for the Hazardous Materials Registration Program Issued Date: Friday, March 20, 2009","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-registration-definitions-d5dd2bac.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-registration-definitions-d5dd2bac.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-registration-definitions-d5dd2bac","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/registration-definitions","body":"Registration Definitions\n\nDocument\n\n Definition of Registration Terms.pdf (116.46 KB)\n\n        Terms and Definitions for the Hazardous Materials Registration Program\n\n          Issued Date: Friday, March 20, 2009\n\n<<<PAGE 1>>>\n\nDefinition of Registration Terms\nTerms\n• Bulk Packaging\n• Calendar Year\n• Farmer\n• Highway Route Controlled Quantity\n• Modes of Transportation\n• Not-for-Profit Organization\n• Person\n• Person who Offers or Offeror\n• Pre-Transportation Functions\n• Shipment\n• Small Business\n• Transportation\nNote: most definitions are from the Hazardous Materials Regulations (HMR) 49 CFR 171.8.\nYou can read the most up-to-date definitions at regulation 171.8.\nBulk Packaging\nA bulk packaging is a packaging, other than a vessel or a barge, with (1) a maximum\ncapacity greater than 450 liters (119 gallons) as a receptacle for a liquid; (2) a maximum net\nmass greater than 400 kilograms (882 pounds) and a maximum capacity greater than 450\nliters (119 gallons) as a receptacle for a solid; or (3) a water capacity greater than 454\nkilograms (1000 pounds) as a receptacle for a gas.\nThe distinction between bulk and non-bulk packagings is important in determining whether\nthe placarding requirements apply. All shipments that require placarding also require\nregistration. Hazardous materials (particularly Class 9 hazardous wastes) that do not\nrequire placarding but are transported in bulk packagings with capacities greater than 3,500\ngallons or 468 cubic feet require registration under category D. However, shipments of\nhazardous materials that do not require placarding (for example, Class 9 materials), placed\nin bulk packagings with capacities less than 3,500 gallons or 468 cubic feet, do not require\nregistration.\nIt is important to note that the use of bulk packagings requires registration no matter how\nsmall the quantity of hazardous materials actually offered or transported. For example,\npersons who have hazardous waste picked up in tank trucks, and persons who return\nunpurged tank trucks or rail tank cars from which they have unloaded hazardous materials\nso that the tanks still contain residues of hazardous materials when returned, must register\nunder the provisions of Category F (or Category D if the material is a Division 6.2 or Class 9\nmaterial).\nSource: Hazardous Materials Regulations defined at 49 CFR 171.8\n\n<<<PAGE 2>>>\n\nCalendar Year\nAlthough the registration year extends from July 1 of a year through June 30 of the following\nyear, a calendar year is used to report activity in item 9 of the registration statement, \"Prior-\nYear Survey Information.\" This calendar year is the twelve-month period (January 1 through\nDecember 31) immediately preceding the beginning date of the registration year (or years)\nfor which you are filing the registration statement. You are asked to supply information on\nyour activities in calendar year 2012 on the statement submitted for 2013-2014 (or 2013-\n2015, or 2013-2016). The use of the preceding calendar year in reporting activity provides a\ndefinite and verifiable (rather than speculative) basis for this section of the form.\nSource: Hazardous Materials Regulations defined at 49 CFR 171.8\nFarmer\nThe term \"farmer\" means a person engaged in the production or raising of crops, poultry, or\nlivestock.\nSource: Hazardous Materials Regulations defined at 49 CFR 171.8\nHighway Route Controlled Quantity\nThe criteria for determining whether a shipment of radioactive material is a \"highway route\ncontrolled quantity\" are found in 49 CFR 173.403, which further references 49 CFR\n173.435. Please note that any shipment of a \"highway route controlled quantity\" of a\nradioactive material, whether by highway, rail, air, or water, subjects the offeror and carrier\nto the registration requirement. If you think you are an offeror or carrier of highway route\ncontrolled quantities, please review the defining criteria carefully. Shipments of highway\nroute controlled quantities must be specifically identified as such by the offeror on the\nshipping papers (see 49 CFR 172.203(d)(4)).\nSource: Hazardous Materials Regulations defined at 49 CFR 173.403\nModes of Transportation\nThe four modes of transportation that are covered under the Hazardous Materials\nRegulations, including the registration requirement, are highway, rail, air, and water.\nHighway transportation includes all interstate, intrastate, and foreign shipments that meet\nthe registration criteria and are not specifically excepted by regulation. Water transportation\ndoes not include hazardous materials loaded or carried on board a vessel without benefit of\ncontainers or labels and received and handled by the vessel carrier without mark or count.\nThis type of shipment, for which the vessel is the container, such as LNG or oil tanker\nvessels, falls under the authority of the U.S. Coast Guard in the Department of Homeland\nSecurity.\nSource: Hazardous Materials Regulations defined at 49 CFR 171.8\n\n<<<PAGE 3>>>\n\nNot-for-Profit Organization\nA Not-for-Profit Organization is an organization exempt from taxation under 26 U.S.C.\n501(a), which exempts organizations described in subsection (c) or (d), unless the\nexemption is denied under sections 502 or 503. This category of registrant was first\nestablished for the 2003-2004 registration year. Not-for-profit organizations registering for\nyears before 2003-2004 must pay the fee appropriate to the SBA size category (small or\nnot-small) according to the SBA size standard established for the NAICS code of its primary\nbusiness activity.\nSource: Hazardous Materials Regulations defined at 49 CFR 107.612 (c) (2) and (d) (2)\nPerson\nA person is defined by federal hazardous material law as including an individual, firm,\ncopartnership, corporation, company, association, joint-stock association, including any\ntrustee, receiver, assignee, or similar representative thereof, or government, Indian tribe, or\nagency or instrumentality of any government or Indian tribe when it offers hazardous\nmaterials for transportation in commerce or transports hazardous materials to further a\ncommercial enterprise.\nSource: Hazardous Materials Regulations defined at 49 CFR 171.8\nPerson who Offers or Offeror\nA person who offers or offeror is any person who performs or is responsible for performing\nany pre-transportation function required by the hazardous materials regulations or who\ntenders or makes the hazardous material available to a carrier for transportation in\ncommerce.\nSource: Hazardous Materials Regulations defined at 49 CFR 171.8\nPre-Transportation Functions\nA pre-transportation function is any function specified in the hazardous materials regulations\nthat is required to assure the safe transportation of a hazardous material in commerce,\nincluding but not limited to:\n1. determining the hazard class of a hazardous material;\n2. selecting a hazardous materials packaging;\n3. filling a hazardous materials packaging, including a bulk packaging;\n4. securing a closure on a filled or partially filled hazardous materials package or\ncontainer or on a package or container containing a residue of a hazardous material;\n5. marking a package to indicate that it contains a hazardous material;\n6. labeling a package to indicate that it contains a hazardous material;\n7. preparing a shipping paper;\n\n<<<PAGE 4>>>\n\n8. providing and maintaining emergency response information;\n9. reviewing a shipping paper to verify compliance with the hazardous materials\nregulations or international equivalents;\n10. for each person importing a hazardous material into the United States, providing the\nshipper with timely and complete information as to the hazardous materials\nregulations requirements that will apply to the transportation of the material within\nthe United States;\n11. certifying that a hazardous material is in proper condition for transportation in\nconformance with the requirements of the hazardous materials regulations;\n12. loading, blocking, and bracing a hazardous materials package in a freight container\nor transport vehicle;\n13. segregating a hazardous materials package in a freight container or transport vehicle\nfrom incompatible cargo; and\n14. selecting, providing, or affixing placards for a freight container or transport vehicle to\nindicate that it contains a hazardous material.\nSource: Hazardous Materials Regulations defined at 49 CFR 171.8. The above functions\nare enumerated in 49 CFR 171.1(b) and 171.8.\nShipment\nThe term \"shipment\" as used in the registration regulations means the offering or loading of\nhazardous material at one loading facility using one transport vehicle, or the transport of\nthat transport vehicle (see 49 CFR 107.601(c)).\nSource: Hazardous Materials Regulations defined at 49 CFR 107.601 (c).\nSmall Business\nA person is a \"small business\" if its size does not exceed the size standard established by\nthe U.S. Small Business Administration (SBA) in 13 CFR 121 for the primary commercial\nactivity of the person (company).\nSince the 2000-2001 registration year, the amount of the annual registration fee has\ndepended on whether the registering company meets the SBA size standard for a small\nbusiness. The SBA assigns a size standard, which is expressed, with a few exceptions,\neither as the number of employees or as the gross annual receipts of the company, for each\nindustry group. In registration years 2000-2001, 2001-2002, and 2002-2003, we used the\nSBA size standard assigned to the Standard Industrial Classification (SIC) code for each\nindustry group identified in the SIC system. In a rulemaking published in the Federal\nRegister on September 16, 2002, (67 FR 58343) we adopted the SBA's use of the North\nAmerican Industry Classification System (NAICS) codes as the basis for establishing size\nstandards. You are to report the NAICS code that represents the major business activity of\nthe registering company and use this code to determine whether your company qualifies as\na small business. A representative list of the NAICS code and the current size standard for\nthe most frequently reported hazardous materials industry groups is supplied here. If your\n\n<<<PAGE 5>>>\n\nindustry group is not included in this list, the SBA's complete list of current size standards\nby NAICS code, is provided on the SBA's website.\nThe NAICS system was revised by the Office of Management and Budget in 2012 (referred\nto as NAICS 2012), which has been adopted by the SBA. If you do not know your NAICS\ncode, visit the U. S. Bureau of the Census' complete table of the NAICS 2012 codes, with\nlinks to fuller 2012 NAICS definitions for each of the codes.\nThe Census NAICS 2012 table provides a search box. Enter a descriptive word or phrase.\nYou may have to enter alternative words to find the appropriate code. The search box\nsearches both the NAICS titles and the descriptions. You may also enter a NAICS code in\nthe search box to see the definition of that code. Once you determine which NAICS code is\nappropriate to your major business activity, you will need to go the SBA's table of size\nstandards to find the size standard appropriate for the NAICS code.\nThe NAICS system is revised every five years. Please note that some codes used in the\n2007 version do not exist in the 2012 version. To find the 2012 equivalent of a 2007 code,\ntype the 2007 code into the \"2007 NAICS Search\" box. The results page will show the\ncorresponding codes in the 2002, 2007, and 2012 versions. Report the 2012 code on the\nHazardous Materials Registration application.\nThe SBA's Size Standards Internet site provides other useful information on the SBA size\nstandards. You may also call the size specialist in the appropriate SBA field office for\nassistance in determining your company's industry group and its size standard.\nWith a few exceptions, the size standard is either the number of employees or the gross\nannual receipts. The number of employees is defined by SBA as being the average\nnumber of employees (including all individuals employed on a full-time, part-time,\ntemporary, or other basis) employed during the pay periods in the preceding twelve months.\nSee 13 CFR 121.106 for the applicable SBA definition.\nGross annual receipts is defined by SBA at 13 CFR 121.104. \"Receipts\" generally means\n\"total income\" (or in the case of a sole proprietorship, \"gross income\") plus the \"cost of\ngoods sold\" as these terms are defined or reported on Internal Revenue Service (IRS)\nfederal tax returns. The term, however, excludes net capital gains or losses, taxes collected\nfor and remitted to a taxing authority if included in gross or total income, and proceed from\nthe transactions between a concern and its domestic or foreign affiliates (if also excluded\nfrom gross or total income on a consolidated return filed with the IRS). If your company has\nbeen in business for three or more years, the \"annual receipts\" is the receipts over its last\nthree completed fiscal years divided by three. For companies in existence less than three\nyears, the \"annual receipts\" is calculated by taking the receipts for the period the company\nhas been in business divided by the number of weeks in business, multiplied by 52.\nWhether annual receipts or number of employees is the size standard established for your\nindustry group, you should consider the receipts or number of employees for the person\nrequired to register to determine whether your company (person) must pay the fee for a\n\"Small Business\" or \"Not a Small Business.\" The person required to register may pay the\nfee appropriate for a small business even though it may be part of an \"entity\" (which\n\n<<<PAGE 6>>>\n\nincludes affiliates) that the SBA does not consider a small business concern for its\npurposes.\nThe SBA periodically adjusts its size standards to reflect changes in industry characteristics\nand in 2010 began a comprehensive review of the standards. Almost all revisions to the\nsize standards increase the number of employees or annual receipts that a company may\nhave in order to qualify as a small business. The SBA recognizes only the current size\nstandards for determining small business status.\nSource: Small Business Administration Regulations defined at 13 CFR 121\nTransportation\nTransportation means the movement of property and loading, unloading, or storage\nincidental to the movement (49 U.S.C. 5102(13)).\nTransportation functions are definedat 49 CFR 171.1(c)\nSource: Hazardous Materials Regulations defined at 49 CFR 171.1 and 49 CFR 171.8","truncated":false,"body_characters":14421}