Washington Metropolitan Area Transit Authority — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Room 8407 400 Seventh Street, S.W. Special Programs Research and Washington, D.C. 20590 Administration Office of the Chief Counsel Phone: (202) 366-4400 Fax: (202) 366-7041 MAY 22 2000 Cheryl C. Burke, Esq. General Counsel Washington Metropolitan Area Transit Authority 600 Fifth Street, NW Washington, DC 20001 Dear Ms. Burke: Thank you for your recent letter in which you requested confirmation that the Washington Metropolitan Area Transit Authority (WMATA) is not subject to the requirement to register with the Research and Special Programs Administration (RSPA) and to pay a registration fee. As you indicate, this letter follows up the discussions last December between WMATA staff members and two persons at RSPA: David Donaldson, of RSPA's Office of Hazardous Materials Planning and Analysis, and Frazer Hilder, of RSPA's Office of the Chief Counsel. As Mr. Hilder explained at that time, the Hazardous Materials governmental agency when the agency (or its employees) actually Regulations (HMR), 49 C.F.R. Parts 171-180, do not apply to a perform the transportation as part of carrying out a governmental function (as opposed to a commercial enterprise). See 49 U.S.C. $ 5102(9) and 49 C.F.R. $ 171.8 (defining a "person" to whom the regulations prescribed under § 5103(a) (a) apply) . With respect to RSPA's registration requirement, 49 U.S.C. § 5108 (i) (2) (B) also specifically provides that "a department of the United States Government, [and] an authority of a State or a political subdivision of a State" are not required to register and pay the registration fee. This statutory exception is repeated in RSPA's regulations at 49 C.F.R. § 107.606 (a) . According to your letter, WMATA is an interstate compact authority and an agency of the District of Columbia, the State of#

Page 22 Maryland, and the Commonwealth of Virginia. Accordingly, WMATA is excepted from the registration requirement in 49 C.F.R. with $ 107.601 et seg., and it has never been required to register RSPA. Because WMATA is covered by an exception in the law and regulations, there is no need for you to apply for an exemption "exemption" under 49 U.S.C. § 5117. The 2-year period for issuing an does not apply to an "exception" from the regulations. WMATA is also not subject to the other requirements in the HMR, except when it offers a hazardous material for transportation material in furtherance of a commercial enterprise. commerce (i.e., to a common carrier) or transports hazardous contractor that offers or transports hazardous materials on However, a behalf of WMATA is fully subject to the HMR. I hope this information is helpful. If you have additional questions or we can be of further myself or Mr. Hilder at 202-366-4400. assistance, please contact Sincerely, 4 Br Edward H. Bonekemper, III Assistant Chief Counsel for Hazardous Materials Safety and Research and Technology Law#