College of Tropical Agriculture and Human Resources — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S.Department 400 Seventh Street. S.W. Washington, D.C. 20590 Research and Special Programs Administration NOV 2 9 2000 : Mr. Ken M. Ikeda Environmental Safety Specialist Ref. No. 00-0276 College of Tropical Agriculture University of Hawaii at Manoa and Human Resources 2040 East-West Road Honolulu, HI 96822 Dear Mr. Ikeda: This applicability of the Hazardous Materials Regulations (HMR; 49 CER is in response to your October 2, 2000, letter regarding the Parts 171-180). whether employees receiving hazardous materials require DOT. Specifically, you request clarification on training and when the applicability of the HMR ceases. not perform duties that are regulated under the HMR (e.g., unload A person who receives hazardous materials (a consignee) that does training). a transport vehicle) is not subject to the HMR (including employer and who in the course of employment directly affects A hazmat employee is a person employed by a hazmat hazardous materials transportation safety (see § 171.8). the HMR is considered to be a hazmat employee. person who performs duties that are regulated hazmat employee includes an individual employed by a hazmat handles hazardous materials. employer who, during the course of Section 172.704 requires a hazmat employment loads, unloads, or safety training. employee to receive general awareness, function specific, and As specified in $ 171.1, the HMR govern the safe transportation of hazardous materials commerce. "Transportation" is defined as "the movement of in intrastate, interstate and foreign property movement" (49 U.S.C. and loading, unloading, or storage incidental to the 5102(12)). or transportation in the jurisdiction of the United States "Commerce" is defined as "trade between a place in a state or a place outside of the state; or that affects trade or transportation between a place in a state and a place outside of the state" (49 U.S.C. 5102(1)). л 000276 112.#

Page 2On April 29, 1999, the Research and Special Programs Administration published a supplemental advance notice of proposed rulemaking inviting comment on the applicability of the HMR to loading, unloading, and storage of hazardous materials (64 FR 22718; HM-223). We are continuing to evaluate comments from and whether particular activities are covered by that term, and the public regarding the meaning of "transportation in commerce" therefore, subject to regulation under the HMR. I hope this satisfies your request. Sincerely, Transportation Regulations Office of Hazardous Materials Standards Specialist#