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Section 171.8 establishes definitions and abbreviations of the hazardous materials regulations (HMR).
In this scenario, a Wisconsin county department contracts with the Wisconsin Department of Transportation to maintain state roadways. The operations include the transportation and application of asphalt to state roadways by county employees. The county asks if they are excepted from the HMR.
In this interpretation, PHMSA addresses the definition of a “person” and the applicability of the HMR for government contract work.
In interpretation Ref. No. 05-0143, PHMSA advises that the HMR apply to entities covered by the definition of “person” in 171.8, which includes a government entity offering hazardous materials for transportation in commerce or transporting hazardous materials in furtherance of a commercial enterprise.