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Interpretation Response #10-0069 ([Battelle National Biodefense Institute (BNBI)] [Ms. Jill C. Santacroce])

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

Interpretation Response Details

Response Publish Date:

Company Name: Battelle National Biodefense Institute (BNBI)

Individual Name: Ms. Jill C. Santacroce

Location State: MD Country: US

View the Interpretation Document

Response text:

June 29, 2010

 

 

 

Ms. Jill C. Santacroce

Biosafety/Biosecurity Specialist

Battelle National Biodefense Institute (BNBI)

110 Thomas Johnson Drive, Suite 200

Frederick, MD 21702

Ref. No. 10-0069

Dear Ms. Santacroce:

This responds to your e-mail regarding the applicability of the Hazardous Materials

Regulations (HMR; 49 CFR Parts 171-180) to hazmat functions performed by a commercial entity on Federal property. Specifically, you ask whether the transportation of regulated hazardous materials conducted by a commercial business entity between facilities located

solely on a department of Defense military installation is subject to the HMR.

Based on the information you provided, the answer is no. The HMR govern the transportation

of hazardous materials in intrastate, interstate, and foreign commerce. Under § 171.1(d)(4)

the transportation of hazardous materials exclusively on Federal property, to which signs,

gates and guard stations prevent public access, is not subject to the HMR.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

171.1(d)(4)

Regulation Sections

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