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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #00-0366 ([Department of the Army] [Mr. Steven G. LaPoint])

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

Interpretation Response Details

Response Publish Date:

Company Name: Department of the Army

Individual Name: Mr. Steven G. LaPoint

Location State: NJ Country: US

View the Interpretation Document

Response text:

January 26, 2001

 

Mr. Steven G. LaPoint                            Ref. No. 00-0366
CECOM  Directorate for Safety
AMSEL-SF-RE
Department of the Army
US Army Communications-Electronics Command
Fort Monmouth, NJ 07703-5000

Dear Mr. LaPoint:

This is in response to your December 23, 2000, letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the Department of Defense (DOD).  Specifically, you ask if the HMR apply to the DOD when it is transporting radioactive materials in DOD conveyances operated by DOD personnel.

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 personal for a governmental purpose.  Therefore, DOD is not subject to the requirements of the HMR when it ships hazardous materials on vehicles which are operated by a government employee (military or civilian) provided the shipment does not further a commercial enterprise.  However, contractors are not governmental personnel.  Thus, DOD is subject to the requirements of the HMR when it ships hazardous materials on conveyances operated by contractor personnel (see § 171.1(b)).

I hope this satisfies your request.

Sincerely,

 

John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards

171.1

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions