16308 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2021–0109; Notice No. 

2022–02] 

Hazardous Materials: Frequently 

Asked Questions—Applicability of the 

Hazardous Material Regulations 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Notice; request for comments. 

SUMMARY: PHMSA is announcing an 

initiative to convert historical letters of 

interpretation (LOI) applicable to the 

Hazardous Materials Regulations that 

have been issued to specific 

stakeholders into broadly applicable 

frequently asked questions on its 

website. By creating a repository of 

frequently asked questions, PHMSA 

seeks to eliminate the need for recurring 

requests for common letters of 

interpretations. This Federal Register 

Notice introduces this initiative and its 

objectives to those subject to the 

Hazardous Materials Regulations. 

PHMSA’s objective is to gain insight 

regarding the utility of this initiative 

and topics to prioritize in the 

development of future frequently asked 

questions. PHMSA requests comment 

on the initiative and input on the 

prioritization of future sets of frequently 

asked questions. 

DATES: Interested persons are invited to 

submit comments on or before May 23, 

2022. Comments received after that date 

will be considered to the extent 

practicable. 

ADDRESSES: You may submit comments 

identified by the Docket Number 

PHMSA–2021–0109 by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management System; 

U.S. Department of Transportation, 

West Building, Ground Floor, Room 

W12–140, Routing Symbol M–30, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 

• Hand Delivery: Docket Management 

System; Room W12–140 on the ground 

floor of the West Building, 1200 New 

Jersey Avenue SE, Washington, DC 

20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions must 

include the agency name and Docket 

Number (PHMSA–2021–0109) for this 

notice. To avoid duplication, please use 

only one of these four methods. All 

comments received will be posted 

without change to the Federal Docket 

Management System (FDMS) and will 

include any personal information you 

provide. 

Docket: For access to the dockets to 

read background documents or 

comments received, go to http://

www.regulations.gov or DOT’s Docket 

Operations Office (see ADDRESSES). 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

Confidential Business Information 

(CBI): CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this notice 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this notice, it is important 

that you clearly designate the submitted 

comments as ‘‘CBI.’’ Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ Submissions containing 

CBI should be sent to Arthur Pollack, 

Standards and Rulemaking Division, 

(202) 366–8553, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. Any commentary that 

PHMSA receives which is not 

specifically designated as CBI will be 

placed in the public docket for this 

notice. 

FOR FURTHER INFORMATION CONTACT: 

Arthur Pollack, Standards and 

Rulemaking Division, (202) 366–8553, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

PHMSA is announcing an initiative to 

publish frequently asked questions 

(FAQ) on its website to facilitate better 

public understanding and awareness of 

the hazardous materials regulations 

(HMR; 49 CFR parts 171–180). The FAQ 

contained in this notice are intended to 

clarify, explain, and promote better 

understanding of the HMR. FAQ are not 

substantive rules, themselves, and do 

not create legally enforceable rights, 

assign duties, or impose new obligations 

not otherwise contained in the existing 

regulations and standards, but are 

provided to help the regulated 

community understand how to comply 

with the regulations. However, an 

individual who can demonstrate 

compliance with the FAQ is likely to be 

able to demonstrate compliance with 

the relevant regulations. If a different 

course of action is taken by an 

individual, the individual must be able 

to demonstrate that its conduct is in 

accordance with the regulations. 

PHMSA is creating a repository of 

these questions, which will remove the 

need for recurring requests for common 

letters of interpretation and will assist 

PHMSA in streamlining the use of its 

resources by eliminating frequently 

asked and recurring (LOI). This 

initiative will provide additional value 

to PHMSA’s Online Code of Federal 

Regulations (oCFR) tool found at https:// 

www.phmsa.dot.gov/standardsrulemaking/hazmat/phmsas-online-cfrocfr. The oCFR tool is an interactive 

web-based application that allows users 

to navigate with a single click between 

all content, including LOI connected to 

an HMR citation. The oCFR tool 

includes the ability to sort, filter, and 

export search results. Upon completion 

of this initiative, the PHMSA Office of 

Hazardous Materials Safety (OHMS) 

will be able to achieve efficiencies for 

other more complex or novel requests 

for LOI and devote resources to other 

hazardous materials transportation 

safety projects. Resources may be made 

available for other improvement-related 

operations such as petitions for 

rulemakings, public outreach and 

engagement, and economically 

beneficial regulatory and policy 

improvements. The information 

provided in this notice is useful to the 

regulated community, private citizens 

intending to offer a hazardous material 

for transportation, and state and local 

entities involved in hazardous materials 

transportation. PHMSA is publishing 

the first set of questions developed 

under this initiative. 

II. Background 

Federal hazardous materials 

transportation law (49 U.S.C. 5101 et 

seq.) directs the Secretary of 

Transportation (‘‘the Secretary’’) to 

establish regulations for the safe and 

secure transportation of hazardous 

materials in commerce. The Secretary is 

authorized to apply those regulations to 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices 16309 

1https://www.phmsa.dot.gov/guidance. 

2The HMIC can be reached at 1–800–467–4922 

and infocntr@dot.gov. For additional information 

visit: https://www.phmsa.dot.gov/standardsrulemaking/hazmat/hazardous-materialsinformation-center. 

3To request a formal letter of interpretation, 

persons may also write to: Mr. Shane Kelley, 

Director, Standards and Rulemaking Division, U.S. 

DOT/PHMSA (PHH–10), 1200 New Jersey Avenue 

SE, East Building, 2nd Floor, Washington, DC 

20590. To obtain information and answers 

pertaining to statute compliance and preemption, 

persons must, as prescribed by 49 CFR 105.20(b), 

contact the office of the Chief Counsel at: Office of 

the Chief Counsel, U.S. DOT/PHMSA (PHC–10), 

1200 New Jersey Avenue SE, East Building, 

Washington, DC 20590, or at (202) 366–4400. 

(1) persons who transport hazardous 

materials in commerce, (2) persons who 

cause hazardous materials to be 

transported in commerce, (3) persons 

who manufacture or maintain a 

packaging or a component of a 

packaging that is represented, marked, 

certified, or sold as qualified for use in 

the transportation of a hazardous 

material in commerce, (4) persons who 

indicate by marking or other means that 

a hazardous material being transported 

in commerce is present in a package or 

transport conveyance when it is not, 

and (5) persons who tamper with a 

package or transport conveyance used to 

transport hazardous materials in 

commerce or a required marking, label, 

placard, or shipping description. 

In 49 CFR 1.97, the Secretary 

delegated authority to issue regulations 

for the safe and secure transportation of 

hazardous materials in commerce to the 

PHMSA Administrator. The PHMSA 

Administrator issues the HMR under 

that delegated authority. The HMR 

prescribes requirements for the safe 

transportation in commerce of 

hazardous materials, including 

provisions for classification, packaging, 

and hazard communication. 

To facilitate its safety mission and 

promote better awareness of its 

programs and compliance requirements, 

OHMS periodically issues agency 

guidance in the Federal Register and on 

its publicly available website 1 for use 

by the regulated community, PHMSA 

staff, and federal, state, and local 

partners. This information is nonbinding material given to the public 

pertaining to information and resources 

useful to comply with the HMR and is 

also used to make the public aware of 

safety issues or best practices. PHMSA 

issues this information through posted 

FAQ, advisory bulletins, publications, 

and policy manuals. PHMSA also 

answers questions from stakeholders 

through its staff and the Hazardous 

Materials Information Center (HMIC) 2

and by issuing LOI. As provided in 49 

CFR 105.20 (Guidance and 

Interpretations), a member of the public 

may request information and answers to 

questions on HMR compliance by 

contacting the OHMS Standards and 

Rulemaking Division or the HMIC.3

OHMS receives an average of 250 

requests for LOI each year. While each 

letter of interpretation is fact specific, 

some of these requests for 

interpretations present similar 

circumstances to earlier questions that 

have previously been asked, answered, 

and published on PHMSA’s oCFR 

website at https://www.phmsa.dot.gov/ 

standards-rulemaking/hazmat/phmsasonline-cfr-ocfr. 

The purpose of this FAQ initiative is 

to optimize the effectiveness, reach, and 

impact of the OHMS LOI process. 

Through publishing FAQ, PHMSA will 

memorialize in broadly applicable 

guidance its historical letters of 

interpretation for, and applicable to, 

specific stakeholders regulated by the 

HMR. Specifically, this initiative will 

adapt currently available stakeholder 

engagement functions to more directly 

appeal to a broader regulated 

community, develop a systematic 

process in managing/curating agency 

information that can be incorporated 

conveniently into existing workflows, 

and create helpful tools for current 

stakeholders. The success of this 

initiative will be measurable by 

monitoring PHMSA website 

engagement, the rate of incoming calls 

to the HMIC, and the volume of 

incoming LOI requests. A successful 

project should see an increase in 

website engagement with either static or 

reduced rates of calls to the HMIC and 

a reduced volume of incoming LOI 

requests. In addition, the interpretation 

workflow should reflect more efficient 

processing and productivity. 

III. Frequently Asked Questions: 

Applicability of Hazardous Materials 

Regulations to Persons and Functions 

Section 171.1 addresses the 

applicability of the HMR for the safe 

and secure transportation of hazardous 

materials in commerce. PHMSA 

proposes to publish the following series 

of FAQ in the Federal Register and on 

its website to facilitate better 

understanding of the HMR applicability 

requirements and avoid the need for 

responding to frequent and recurring 

questions already addressed in 

accordance with § 105.20. 

(1) Question: Is a Federal, state, or local 

government agency subject to the HMR? 

Answer: Pursuant to § 171.1(d)(5), a 

Federal, state, or local government that 

transports hazardous materials for noncommercial governmental purposes using its 

own personnel is not engaged in 

transportation in commerce and, therefore, is 

not subject to the HMR. As specified in 

§ 171.1, the HMR governs the safe 

transportation of hazardous materials in 

intrastate, interstate, and foreign commerce. 

The term ‘‘in commerce’’ does not include a 

Federal, state, or local government that 

transports hazardous materials for its own 

use, using its own personnel, and motor 

vehicles, aircraft, or vessel under its control. 

(2) Question: Are state universities subject 

to the HMR when transporting hazardous 

materials? 

Answer: A state agency—such as a state 

university—that transports hazardous 

materials for its own non-commercial use, 

using its own personnel and vehicles, is not 

engaged in transportation in commerce and, 

therefore, is not subject to the HMR. 

However, if the university is privatelyoperated or is a state university offering 

hazardous materials for transportation to 

commercial carriers, the HMR apply. 

(3) Question: Is a hazardous material 

transported on private roads subject to the 

HMR? 

Answer: Section 171.1(d)(4) states that the 

transportation of hazardous materials entirely 

on private roads with restricted public access 

is not subject to the HMR. 

(4) Question: Is a hazardous material 

subject to the HMR that only crosses a public 

road? 

Answer: The transportation of hazardous 

materials that, for example, takes place by 

motor vehicle and within a contiguous plant 

or factory boundary, is not subject to the 

HMR. However, intra-plant transport that 

utilizes or crosses a public road is subject to 

the HMR during that portion of the 

transportation unless access to the public 

road is restricted by gates, traffic signals, 

guard stations, or similar controls, in 

accordance with § 171.1(d)(4). 

(5) Question: Are hazardous materials 

installed or used in or on a motor vehicle 

(e.g., gasoline in the motor vehicle’s fuel 

tank) subject to the HMR? 

Answer: Hazardous materials that are 

installed or used in or on a motor vehicle 

such as the motor vehicle’s fuel, suspension, 

or safety systems are not subject to the HMR. 

Fuel systems and safety equipment may be 

subject to the Federal Motor Carrier Safety 

Regulations (FMCSR) or National Highway 

Traffic Safety Administration (NHTSA) 

requirements. 

(6) Question: Is the filling of a package with 

a hazardous material subject to the HMR if 

it is not being offered for transportation in 

commerce? For example, pouring a 

flammable liquid into bottles that may be 

transported eventually. 

Answer: The answer is no. However, if 

there is a chance of future transportation in 

commerce, the stakeholder should consider 

placing that hazardous material in 

packagings suitable for transportation of that 

material in commerce to minimize safety 

risks associated with its re-packaging. 

(7) Question: Are stationary (storage) tanks 

containing a hazardous material such as 

propane subject to the HMR? 

Answer: The answer is no, unless the tank 

is transported in commerce containing a 


lotter on DSK11XQN23PROD with NOTICES1
16310 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices 

hazardous material or its residue or if it is 

represented and maintained as a Department 

of Transportation (DOT) packaging usable for 

hazmat transportation. 

(8) Question: Are hazardous materials 

being transported for personal use subject to 

the HMR? For example, are pesticides that 

are transported from a store by individuals to 

treat their garden subject to the HMR? 

Answer: The answer is no. Under part 171, 

the phrase ‘‘in commerce’’ means in 

furtherance of a commercial enterprise and 

transportation in a private motor vehicle for 

personal use is not considered in furtherance 

of a commercial enterprise even when 

transported in a leased or rented vehicle. 

(9) Question: Are privately-owned SCUBA 

tanks that are used for diving and marked as 

DOT specification cylinders subject to the 

HMR? 

Answer: A SCUBA tank that is represented 

as conforming to HMR requirements—i.e., 

marked with a DOT specification marking— 

must be maintained by the owner of said 

SCUBA tank in accordance with the 

applicable specification requirements 

whether or not it is in transportation in 

commerce. 

(10) Question: Are government-owned 

hazardous materials transported for 

government purposes by contractor 

personnel subject to the HMR? 

Answer: The answer is yes. As provided in 

§ 171.1(d)(5), the HMR do not apply to 

transportation of a hazardous material in a 

motor vehicle, aircraft, or vessel operated by 

a Federal, state, or local government 

employee solely for noncommercial Federal, 

state, or local government purposes. 

However, contractor personnel are not 

considered government employees and the 

provisions of the HMR apply. 

(11) Question: Are gasoline cans 

transported by a landscaping company by 

motor vehicle subject to the HMR? 

Answer: Commercial businesses—such as 

landscaping, swimming pool services, or 

construction companies—transporting 

hazardous materials are considered ‘‘in 

commerce’’ and subject to the HMR. 

However, when used in support of a 

business, the HMR provides an exception in 

§ 173.6 for the transport of ‘‘materials of 

trade.’’ 

(12) Question: Are household hazardous 

wastes that are transported by a private 

person to a county drop-off facility subject to 

the HMR? 

Answer: The answer is no, provided the 

household hazardous wastes are the 

individual’s personal property and he or she 

is not engaged in a commercial activity, such 

as a landscaping company or carpentry 

service. 

IV. Notice Objectives 

FAQ in this notice—and future FAQ 

published on PHMSA’s website—will 

help to reduce the volume of 

duplicative requests for information 

covered by the FAQ and will facilitate 

faster processing of more complex and 

novel LOI requests in the future. 

Furthermore, in addition to publishing 

the first set of FAQ in the Federal 

Register, this notice seeks public input 

specific to the anticipated benefits 

provided by the FAQ initiative and 

suggestions for future FAQ topics. 

Signed in Washington, DC, on March 16, 

2022, under authority delegated in 49 CFR 

1.97. 

William A. Quade, 

Deputy Associate Administrator of Hazardous 

Materials Safety, Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2022–05958 Filed 3–21–22; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

[DOT–OST–2021–0009] 

Solicitation for Annual Combating 

Human Trafficking in Transportation 

Impact Award 

AGENCY: Office of the Secretary of 

Transportation, U.S. Department of 

Transportation. 

ACTION: Notice. 

SUMMARY: The annual Combating 

Human Trafficking in Transportation 

Impact Award (the award) seeks to raise 

awareness among transportation 

stakeholders about human trafficking 

and increase training and prevention to 

combat it. The award is a component of 

the Department of Transportation (DOT) 

Transportation Leaders Against Human 

Trafficking initiative. Additional 

information regarding the Department’s 

counter-trafficking activities can be 

found at www.transportation.gov/ 

stophumantrafficking. 

DATES: Submissions accepted March 22, 

2022 through midnight PST on May 23, 

2022. 

FOR FURTHER INFORMATION CONTACT: For 

more information, and to register your 

intent to compete individually or as part 

of a team, visit www.transportation.gov/ 

stophumantrafficking, email 

trafficking@dot.gov, or contact Maha 

Alkhateeb in the Office of International 

Transportation and Trade at (202) 366– 

4398. 

SUPPLEMENTARY INFORMATION: The award 

serves as a platform for transportation 

stakeholders to creatively develop 

impactful and innovative countertrafficking tools, initiatives, campaigns, 

and technologies that can help stop 

these heinous crimes. The award is 

open to individuals and entities, 

including non-governmental 

organizations, transportation industry 

associations, research institutions, and 

state and local government 

organizations. Entrants compete for a 

cash award of up to $50,000 to be 

awarded to the individual(s) or entity 

selected for creating the most impactful 

counter-trafficking initiative or 

technology. DOT intends to incentivize 

individuals and entities to think 

creatively in developing innovative 

solutions to combat human trafficking 

in the transportation industry, and to 

share those innovations with the 

broader community. 

Award Approving Official: The 

Secretary of Transportation (Secretary). 

Subject of Award Competition: The 

Combating Human Trafficking in 

Transportation Impact Award will 

recognize impactful and innovative 

approaches to combating human 

trafficking in the transportation 

industry. 

Problem 

As many as 25 million men, women, 

and children are held against their will 

and trafficked into forced labor and 

prostitution. Transportation figures 

prominently in human trafficking 

enterprises when traffickers move 

victims, which uniquely positions the 

industry to combat the crime. 

Challenge 

The Combating Human Trafficking in 

Transportation Impact Award is looking 

for the best innovators to develop 

original, impactful, and unique human 

trafficking tools, initiatives, campaigns, 

and technologies that can help stop 

these heinous crimes in the 

transportation industry. 

Eligibility 

To be eligible to participate in the 

Combating Human Trafficking in 

Transportation Impact Award 

competition, private entities must be 

incorporated in and maintain a primary 

place of business in the United States, 

and individuals must be citizens or 

permanent residents of the United 

States. There is no charge to enter the 

competition. 

Rules, Terms, and Conditions 

The following additional rules apply: 

1. Entrants shall submit a project to 

the competition under the rules 

promulgated by the Department in this 

Notice; 

2. Entrants must indemnify, defend, 

and hold harmless the Federal 

Government from and against all thirdparty claims, actions, or proceedings of 

any kind and from any and all damages, 

liabilities, costs, and expenses relating 

to or arising from participant’s 

submission or any breach or alleged 

breach of any of the representations, 

warranties, and covenants of participant 

hereunder. Entrants are financially 


lotter on DSK11XQN23PROD with NOTICES1