Interpretation Response #03-0261

Interpretation Response Details

Oct 23, 2003

Dear Ms. Campbell:

This responds to your October 15, 2003 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether cylinders manufactured for Department of Defense (DOD) programs, that have Certificates of Equivalencies (COE) in accordance with the requirements of § 173.7, can be certified by your resident government inspectors, instead of a third party DOT inspector. In your letter, you state that it has been your understanding that if your company has a COE for a cylinder, the cylinder can be certified by your resident government inspectors, as oppose to using a third party DOT inspector.

Your understanding is correct. In accordance with the requirements of § 173. 7 (a), hazardous materials offered for transportation by, for, or to the DOD of the U.S. Government, including commercial shipments pursuant to a DOD contract, must be packaged in accordance with the regulations of the HMR. or in packagings of equal or greater strength as certified by DOD in accordance with the procedures prescribed by "Performance Oriented Packagings of Hazardous Material, DLAR 4145.41/AR 700-143/AFR 71-5INAVSUPINST 4030.55/MCO 4030.40." In addition, hazardous materials offered for transportation by DOD under this provision may be reshipped by any shipper to any consignee provided the original packaging has not been damaged or altered in any manner.

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

Sincerely,

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

Regulation Sections