TDA, Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 JUN 1 1 2019 Tom Dunaway TDA, Inc. 502 Big Creek Drive Delta, AL 36258 Reference No. 19-0031 Dear Mr. Dunaway: This letter is in response to your March 11, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to registration. Specifically, you ask if a person is required to submit a hazardous materials registration and payment if they offer for transportation or transport less than 55 pounds of a Division 1.1 , 1.2, or 1.3 (explosive) material. The answer is yes, unless it is an activity of a farmer, as defined in§ 171.8, that is in direct support of farming operations (see§ 107.60l(b)). In accordance with§ 107.60l(a)(6), the registration and fee requirements apply to any person who offers for transportation, or transports, in foreign, interstate or intrastate commerce a quantity of hazardous material that requires placarding, under provisions of subpart F of part 172. Subpart F of part 172 requires that any quantity of a Division 1.1 , 1.2, or 1.3 (explosive) material be placarded; the registration fee applies to both a person who offers for transportation or transports any quantity of a Division 1.1, 1.2, or 1.3 (explosive) material. Being below the threshold quantity in§ 107.601(a)(2) does not exclude a person from possibly being subject to the condition of§ 107.60l(a)(6). I hope this information is helpful. Please contact us if we can be of further assistance. r eren Chief, Standards Development Standards and Rulemaking Division#

Page 2Dodd, Alice (PHMSA) From: INFOCNTR (PHMSA) Sent: To: Friday, March 15, 2019 4:39 PM Hazmat Interps Subject: FW: Interpretation request Hello Alice and lkeya, Please see the letter of interpretation request below. The specialist spoke with Mr. Dunaway and referenced the Federal Register. However, Mr. Dunaway would like a written interpretation. Please contact our office with any questions. Lynsie Patschke Transportation Regulatory Specialist Hazardous Materials Information Center (HMIC) From: Tom Dunaway [mailto:tdadunaway@gmail.com] Sent: Monday, March 11, 2019 3:32 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Interpretation request. I am requesting an interpretation of 107.601. paragraph (a)(2) clearly states that persons must register if offering or accepting quantities of 1.1, 1.2, or 1.3 class 1 materials if they are over 55 pounds. However in paragraphs (a)(5) and (6) addresses placarded quantities of HM. If a person offers or accepts for transportation a quantity of less than 55 pounds of 1.1, 1.2, or 1.3 as stated in Paragraph (a)(2) must that person register and pay a fee? Thank You Tom Dunaway TDA, Inc. 502 Big Creek Drive Delta, AL 36258 H 256-488-5580 F 256-488-5511 C 954-401-3500 tdadunaway@gmail.com 1#