Interpretation Response #03-0330 ([Dangerous Goods Advisory Council] [Mr. Alan I. Roberts])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Dangerous Goods Advisory Council
Individual Name: Mr. Alan I. Roberts
Location State: DC Country: US
View the Interpretation Document
Response text:
May 22, 2003
Mr. Alan I. Roberts, President Reference No. 03-0330
Dangerous Goods Advisory Council
1101 Vermont Ave NW, Suite 301
Washington, DC 20005-3521
Dear Mr. Roberts:
This is in further response to your email of March 28,2003, concerning new security requirements adopted in a final rule issued under Docket HM-232. You asked about the applicability of the HM-232 security requirements, including security training requirements, to government employees, such as employees of the Department of Defense.
Under the HM-232 final rule, persons who offer for transportation or transport certain hazardous materials in commerce must develop and implement security plans. In addition, the HM-232 final rule requires all hazmat employees to receive security awareness training; additional training is required for hazmat employees who handle or perform regulated functions related to the transportation of hazardous materials covered by a security plan or who are responsible for implementing the security plan.
As you know, the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) apply to the commercial transportation of hazardous materials. Transportation performed by government or military employees for government or military purposes is not transportation in commerce and, therefore, not subject to the HMR. Thus, the security requirements adopted under the HM-232 final rule do not apply to transportation performed by Federal, state, or local government personnel when such transportation furthers a government purpose. However, transportation performed by contractors on behalf of Federal or state agencies is subject to all applicable HMR requirements, including the HM-232 security requirements, as is transportation of government shipments of hazardous materials when performed by commercial carriers. If a commercial carrier transports a government shipment, a government employee who prepares the shipment for transportation is fully subject to the HMR. Such an employee meets the definition of "hazmat employee" in § 171.8 of the HMR and is subject to training requirements, including security training requirements.
I hope this information is helpful. If you have further questions, please do not hesitate to contact me.
Sincerely,
Robert A. McGuire
Associate Administrator for Hazardous Materials Safety