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Interpretation Response #04-0118 ([Department of the Army - TARDEC] [Mr. Ali Baziar])

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 - TARDEC

Individual Name: Mr. Ali Baziar

Location State: MI Country: US

View the Interpretation Document

Response text:

May 26, 2004



Mr. Ali Baziari                Reference No.: 04-0118
Acting Team Leader - Materials and Environmental Team
Department of the Army - TARDEC
6501 East 11 Mile Road
Warren, Michigan 48397-5000

Dear Mr. Baziari:

This is in response to your letter dated April 13, 2004, regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to government agencies transporting hazardous materials.  Specifically, you ask whether fuel tankers owned and operated by the U. S. Army used to transport various types of Class 3, flammable liquids would be regulated under the HMR.

The answer is no.  The statutory authority granted to the Department of Transportation under the Federal hazardous materials transportation law (49 U.S.C. 5101 et. seq.) is limited to transportation in commerce.  Shipments of hazardous materials transported by a government entity in vehicles operated by government personnel for noncommercial purposes are not subject to the HMR.  However, if the purpose is commercial or if the government entity offers hazardous material for transportation to commercial carriers, then the HMR apply.

I trust this satisfies your request.



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


Regulation Sections

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