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Interpretation Response #00-0029 ([Federal Aviation Administration] [Mr. Rick Reimer])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Federal Aviation Administration

Individual Name: Mr. Rick Reimer

Location State: AK Country: US

View the Interpretation Document

Response text:

February 17, 2000

Mr. Rick Reimer               Ref. No. 00-0029
Environmental Engineering AAL-471
Alaskan Region
Federal Aviation Administration
222 West Seventh Avenue
Anchorage, Alaska 99513-7587

Dear Mr. Reimer:

This responds to your facsimile of June 1, 1999, concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to operations conducted by persons under contract to the federal government.  Your specific question relates to the applicability of the HMR to FAA-chartered aircraft operations when the pilot is not a government employee.

Your understanding is correct.  In general, the HMR apply to any person who transports a hazardous material in commerce or causes a hazardous material to be transported in commerce.  A "person" includes "a government, Indian tribe, or authority of a government or tribe offering hazardous material for transportation in commerce or transporting a hazardous material to further a commercial enterprise." (See § 171.8.)

The federal government is not subject to the HMR unless it offers for transportation or transports a hazardous material in commerce or in furtherance of a commercial enterprise.  Transportation is not in furtherance of a commercial enterprise if it is carried out by governmental personnel for a governmental purpose.  However, contractors are not government personnel.  Thus, FAA is subject to the requirements of the HMR when it ships hazardous materials on an airplane chartered by FAA and piloted by contractor personnel (see § 171.1(b)). However, FAA is not subject to the requirements of the HMR when it ships hazardous materials on an airplane chartered by FAA and piloted by an FAA employee provided the shipment does not further a commercial enterprise.

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

175.5

Regulation Sections