{"operation":"document","citation":"06-0225","title":"City of Surprise, Water Services Department — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-11-15","effective_on":null,"summary":"06-0225 response to City of Surprise, Water Services Department concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0225.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0225.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0225","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060225.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nHazardous Materials Safety\nPipeline and\nAdministration\nNOV 15 2006\nMs. Christine Nuñez\nEnvironmental Manager\nReference No.: 06-0225\n12425 W. Bell Road, Suite D-100\nCity of Surprise, Water Services Department\nSurprise, AZ. 85374-9002\nDear Ms. Nuñez:\nThis reponds to your letter concerning the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) to government agencies and government\ncontractors. You ask if the City of Surprise is subject to the HMR if it hires a contractor to\nperform all shipper or carrier functions.\nThe HMR apply to the transportation of hazardous materials in commerce. The HMR do\nnot apply to the transportation of a hazardous material in a motor vehicle, aircraft, or vessel\ngovernmental purposes because such transportation is not considered to be \"in commerce\"\noperated by a Federal, state, or local government employee solely for noncommercial\n(see § 171.1(d)(5)). Thus, if City of Surprise employees prepare and transport hazardous\nwaste for disposal, that transportation is not subject to the HMR.\nPersons performing pre-transportation or transportation functions under contract with a\nFederal, state, or local government entity are subject to the HMR. Thus, if the City of\nload, and transport hazardous waste on its behalf, the contractor must comply with all\nSurprise contracts with a third party to class, package, prepare shipping documentation,\napplicable HMR requirements.\nThe HMR do not require hazardous materials shippers and carriers to obtain a permit to\na person who offers for transportation or transports one or more of the hazardous materials\ntransport hazardous materials. However, in accordance with 49 CFR Part 107, Subpart G,\nlisted in 49 CFR 107.601 must register and pay a registration fee. You are correct that a\ngovernment agency is not required to register.\nI trust this satisfies your request.\nSincerely,\nHotte thieh\n107.601\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\n1711(25)\nOffice of Hazardous Materials Standards\n173.22\n060225\n\n<<<PAGE 2>>>\n\nCorbin\nPage 1 of 1\n$107.601\nINFOCNTR <PHMSA>\n8173:22\nFrom:\nChristine Nunez (Christine: Nunez@ surprisaz com Registration Shipper's\nSent:\nFriday, October 06, 2006 1:18 PM\nTo:\nINFOCNTR <PHMSA>\nResponsibility\nAttachments: Christine Nuñez.vcf\n06-0225\nI called and spoke with a representative from your organization on the telephone\nhave researched.\nbut I am looking for a written interpretation of what I thought I heard and what I\nI work for a local government agency (the City of Surprise in Arizona) and I have a\nsmall quantity of hazardous material to be hauled off and disposed of - I would\nlike to hire a third party to characterize it, quantify it, package it and ship it. My\nquestion is: As a local government (a City or a Department of the City) are we\nrequired to apply or get permitted to ship (offer) this hazardous waste?\nBased on my research here is what I came up with:\nIf we do not have radioactive, explosives, extremely toxic, or over 3500 pounds,\nwe do not require placarding then we do not have to apply to offer this waste -\nadditionally as a local government agency we are exempt.\nAlso, if we hire a third party they have to do it all - characterize, package, load,\nship, and dispose the we do not have any requirements upon us - not that we\nshould not have knowledge and training for safety purposes but legally we are not\nrequired to do anything else but hire the third party to do it all. AND If any City\nemployee takes part in this activity then they have to know the regulations and\nrequirements (have hazwaste training).\nAnd lastly, we have the ability to load it, ship it and haul it off to a disposal\nlocation and we as a local government are exempt from the regs. With the\nstipulation that it is our staff, our vehicles, and our waste.\nPlease provide something in writing that confirms or denies these assumptions.\nChristine Nuñez\nEnvironmental Manager\nCity of Surprise, Water Services Department\n12425 W. Bell Rd, Suite D-100\nSurprise, Arizona 85374-9002\nMobile: (480) 220-3865\nPhone: (623) 594-5830\nFax: (623) 583-2892\nchristine.nunez@surpriseaz.com\n10/6/2006","truncated":false,"body_characters":4229}