The manufacture, fabrication, marking, maintenance, reconditioning, repairing or testing of a package or container which is represented, marked, certified or sold for use in the transportation of hazardous materials (49 CFR 171.1(a)).The representation that a hazardous material is present in a package, container, rail car, aircraft, motor vehicle or vessel.Interstate, intrastate, and foreign carriers by rail car, aircraft, motor vehicle and vessel.The hazardous materials regulations are applicable to the transportation of hazardous materials in commerce and their offering to: Clarifications of the requirements are contained in the Federal Hazardous Materials Regulations and the Motor Carrier Safety Regulations. The Government Printing Office has made the Federal Register and 49 CFR available on the Internet. The Secretary has delegated this authority to the Federal Aviation Administration (FAA), Federal Motor Carrier Safety Administration (FMCSA), Federal Railway Administration (FRA), Pipeline and Hazardous Materials Safety Administration (PHMSA), and the United States Coast Guard (USCG). Special agents of the Department of Transportation can not be denied reasonable access to those areas that fall within the official scope of their duties. This final rule also provided exceptions for "materials of trade", "agricultural operations" and certain non-specification packaging used in commerce. The applicability of the hazardous materials regulations was extended to all intrastate shipments of hazardous materials by highway effective October 1, 1998, as published in the final rule, Docket HM-200 dated January 8, 1997. These changes were first introduced in Docket HM-181 which provided for the harmonization of the United State's hazardous materials regulations with international standards in order to facilitate foreign trade and maintain the competitiveness of U.S. The hazardous materials regulations have changed significantly over the last several years. In order to accomplish his responsibilities under the HMTA the Secretary ".may authorize any officer, employee, or agent to enter upon inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties relate to: (1) the manufacture, fabrication, marking, maintenance, reconditioning, repair, testing, or distribution of packages or containers for use by any "person" in the transportation of hazardous materials in commerce or (2) the transportation or shipment by any "person" of hazardous materials in "commerce." The Pipeline and Hazardous Materials Safety Administration (PHMSA) (formerly the Research and Special Provisions Administration (RSPA)) was delegated the responsibility to write the hazardous materials regulations, which are contained in 49 CFR Parts 100-180. The Secretary is authorized to issue regulations to implement the requirements of 49 U.S.C. The Secretary of the Department of Transportation receives the authority to regulate the transportation of hazardous materials from the Hazardous Materials Transportation Act (HMTA), as amended and codified in 49 U.S.C. Hazardous Materials Training RequirementsĬompatibility and Block and Bracing by HighwayĪppendix B - Directory of OMC Regional Offices Hazardous Materials Communications Requirements Hazardous Materials Shipper and Carrier Responsibilities Motor carriers should also consult the Federal Motor Carrier Safety Regulations. This document provides only a general overview of the requirements for transporting hazardous materials by highway.įor more specific requirements, carriers and shippers should consult the most current edition of 49 CFR Parts 100-185.
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