Relationship to Federal Regulations - New Mexico

The New Mexico Department of Public Safety (DPS) has adopted the federal Hazardous Materials Regulations (HMR), Title 49, Code of Federal Regulations (CFR), Parts 107, 171 – 173, 177, 178, and 180 as printed on October 1, 2003. The Division also adopted the Federal Motor Carrier Safety Regulations, Part 397, as printed on October 1, 2003. These regulations are applicable to all intrastate and interstate motor carriers engaged in the transportation of hazardous materials, as well as to all shippers and manufacturers.

The New Mexico Public Regulation Commission (PRC) has adopted federal HMR, Title 49, CFR, Parts 171 – 179 as they existed on November 1984, as well as Part 397 of the Federal Motor Carrier Safety Regulations as they existed on October 1984. This adoption has been in effect since February 18, 1985. The rules apply to all intrastate carriers — both common and contract — subject to the jurisdiction of the New Mexico PRC, as well as all intrastate carriers of flammable and combustible liquids subject to the jurisdiction of the State Fire Board.

The New Mexico DPS and New Mexico PRC regulate the transportation of hazardous materials within the state.

The New Mexico Environment Department (NMED) administers hazardous waste within New Mexico.