PHMSA Response Letter

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Office of the Chief Counsel

Lawrence W. Bierlein, Esq.
Swidler & Berlin
3000 K Street, N.W.
Suite 300
Washington, DC 2007-5116

Dear Hr. Bierlein:

I am responding to your inquiry concerning applicability of the Hazardous Material. Regulations (HMR), 49 CPR Parts 171-180, which implement the Hazardous Materials Transportation Act (HMTA), 49 App. U.S.C. 1801 at seg.

You inquired about the applicability of the HMR to hazardous materials transportation occurring solely within a privately owned industrial park. The HMTA and the HMR apply only to transportation "in commerce" 49 App. U.S.C. §§ 1801, 1803 and 1804; 49 CFR § 171.2 (a) and (b). Transportation occurring solely on private property is not transportation in commerce; therefore, that transportation is not subject to the HMTA or the HMR.

Sincerely,

Edward H. Bonekemper, III
Assistant Chief Counsel
for Hazardous Materials Safety & Research and Technology Law