Registration and Shipping Paper Requirements
Pipeline and Hazardous Materials Safety Administration · Nov 8, 1995 · Reference No. 95-0239
Reggie’s quick take
Someone asked PHMSA several questions about the registration and shipping paper rules in 49 CFR Parts 107 and 172, under the flat $300 registration fee. The one question that fits a typical reader's situation is about a multi-compartment tank. The agency says registration depends on the tank's total capacity, not each compartment. A tank with a combined capacity of 3,500 gallons or more falls under § 107.601(d) and must register. The other questions cover waste stream numbers on shipping papers and waste codes for hazardous substances, and the agency answers those for specific cases the asker described.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This is in response to your letter and subsequent telephone conversation with a member of my staff regarding the registration and shipping paper requirements contained in subpart G of 49 CFR Part 107 and subpart C of Part 172.
The final rule published under Docket HM-208B, "Hazardous Materials Transportation Registration and Fee Assessment Program" did not adopt the proposed graduated fee schedule. Your inquiries are paraphrased and answered, as they apply to the present uniform $300.00 registration fee program, as follows:
Q1. If a carrier is contracted by a shipper to transport 2,500 gallons of a hazardous material in a 3,500 capacity cargo tank motor vehicle, is the shipper required to register?
A1. Your letter does not contain sufficient information for us to answer this question. Enclosed is a Federal Register notice containing formal interpretations of the registration requirements for offerors and transporters using various scenarios.
Q2. If a cargo tank has a 5,000 gallon capacity and has two separate compartments, would each compartment be subject to the 3,500 gallon threshold, or would the threshold be applied to the capacity of the entire cargo tank?
A2. The applicability of § 107.601(d) is determined by the aggregate total capacity of the entire cargo tank motor vehicle, not by the capacity of each individual compartment. Therefore, a multi-compartmented cargo tank motor vehicle having an aggregate total capacity of 3,500 gallon or more would be subject to registration requirements.
Q3. May a waste stream number be placed between the proper shipping name and the hazard class?
A3. As provided in § 172.203(c)(ii), a waste stream number may be placed in parentheses in association with the basic description. "In association with the basic description" means placing the information within, after, or near the basic description. Therefore, a waste stream number may be placed between the proper shipping name and the hazard class.
Q4. If a hazardous waste, which is also a hazardous substance has a waste code which does not cover one of the characteristics of the material, must two codes be placed in parentheses is association with the basic description?
A4. For materials which contain two or more hazardous substances, the name of all hazardous substances present in reportable quantities must be identified. Therefore, in the scenario you presented, both codes must be placed in parentheses in association with the basic description. RSPA is considering the issuance of a notice of proposed rulemaking to solicit comments on revising or eliminating the requirement to list each hazardous substance on a shipping paper and non-bulk package.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.