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Interpretation Response #10-0085 ([Canadian Material Support Group] [Captain E.M. Steele])

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

Interpretation Response Details

Response Publish Date:

Company Name: Canadian Material Support Group

Individual Name: Captain E.M. Steele

Country: CA

View the Interpretation Document

Response text:

May 27, 2010

 

 

 

Captain E.M. Steele

Canadian Material Support Group

101 Colonel By Drive

Ottawa, Ontario, Canada K1A0K2



Ref. No. 10-0085

Dear Cpt. Steele:

This responds to your February 15, 2010 letter regarding applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to transportation of hazardous material in the United States by a foreign government (i.e., military). Specifically, you ask for clarification of the applicability of the HMR to the transportation of Class 1 (explosive) materials by Canada's Department of National Defense to U.S. Department of Defense installations for purposes of routine training and field activities.

Your letter includes copies of letters of interpretation concerning the applicability of the HMR to government and military transportation of hazardous material. Your questions are paraphrased and answered as follows:

Q1. Regarding the response, in letters of interpretation 05-0024 (February 18, 2005) and 05-0150 (June 28, 2005), that the transportation of hazardous material in government (military) vehicles operated by government (military) personnel solely for noncommercial purposes is not subject to the HMR, do government vehicles include government-leased vehicles?

A1. Yes. Applicability of the HMR is contingent on the status of the person operating the vehicle as a government employee, not the ownership of the vehicle. Thus, transportation of hazardous material in vehicles operated by a government employee for noncommercial purposes is not subject to the HMR whether or not the vehicle is owned, leased, or rented by the government or an individual.

Q2. Regarding the response to the German military in letter of interpretation 08-0226 (October 21, 2008) that the transportation of hazardous material for noncommercial purposes in foreign military vehicles operated by foreign military personnel is not subject to the HMR, is this accurate for all foreign military transporting hazardous material in the United States so long as the purpose of the transportation is noncommercial?

A2. Yes. The HMR do not apply to transportation of hazardous material in a motor vehicle, aircraft, or vessel operated by Federal, state, or local government solely for noncommercial Federal, state, or local government purposes. See § 171.1(d)(5). It is the opinion of this Office that the HMR also does not apply to a motor vehicle, aircraft, or vessel operated by foreign military solely for noncommercial military purposes.

Q3. Regarding the response in letter of interpretation 99-0053 (March 16, 1999) that "in commerce" includes for-hire carriers transporting hazardous material, is the transportation of Class 1 (explosive) material by Canada's Department of National Defense to non-government agencies for purposes of repair and overhaul considered "in commerce?"

A3. No. "In commerce" generally means in the furtherance of a commercial enterprise. Transportation of hazardous material in the United States by Canada's Department of National Defense using their own personnel for government purposes is not subject to the HMR. However, if Canada's Department of National Defense transports the hazardous material for a commercial purpose or offers the hazardous material for transportation to a commercial carrier, then the HMR apply.

I hope this information is helpful. If you have further questions, please contact this office.

Sincerely,

Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

171.1

Regulation Sections

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