Federal rules governing hazardous materials apply to a carrier’s possession from pickup through delivery, according to the U. S. Department of Transportation’s Research and Special Programs Administration (RSPA).

That includes loading or unloading hazmat into transport vehicles and storage while in transit.
In a recently published final rule, RSPA stressed that it is not attempting to preempt standards and rules of other government agencies governing facilities where hazmat functions are performed. The new RSPA rules are instead intended to clarify application of hazmat regulations and reduce confusion among federal, state and local agencies regarding the extent of RSPA’s jurisdiction.
The rule incorporates several new definitions. "Pre-transportation function" is defined as a function required to assure the safe transportation of a hazardous material in commerce. This includes the loading of packaged or containerized hazmat into a transport vehicle and filling a bulk packaging for the purpose of transportation.
"Transportation" is defined as the movement of property and loading, unloading or storage incidental to the movement. "Loading incidental to movement" is loading of packaged or containerized hazmat into a transport vehicle by carrier personnel or in the presence of carrier personnel. "Unloading incidental to movement" is the removal of packaged or containerized hazmat from a transport vehicle. "Storage incidental to movement" is storage of a transport vehicle, freight container or package containing hazmat between the time a carrier takes physical possession until the hazmat is delivered to the destination.
Regulated functions under hazmat rules include activities related to the design, manufacture and qualification of packaging for use in transportation, pre-transportation functions and transportation functions.
Non-regulated functions include rail and motor vehicle movements of hazmat where public access is restricted, transport in a vehicle operated by a federal, state or local government employee solely for government purposes, transportation of a hazmat for non-commercial purposes in a private motor vehicle, and any matter subject to U.S. postal laws and regulations.
Details and a discussion appeared in the Oct. 30 Federal Register which can be accessed on the Internet at www.gpoaccess.gov.