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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #23-0006

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

Interpretation Response Details

Response Publish Date:

Company Name: Sea Lamprey Control Centre

Individual Name: Mr. Paul Kyostia

Location State: ON Country: CA

View the Interpretation Document

Response text:

May 4, 2023

Mr. Paul Kyostia
Senior Sea Lamprey Technician
Sea Lamprey Control Centre
1219 Queen Street East
Sault Ste. Marie, Ontario P6A 2E5

Reference No. 23-0006

Dear Mr. Kyostia:

This letter is in response to your January 20, 2023, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of lampricides by the U.S. Federal government and the government of Canada. Specifically, you ask whether liquid lampricide transported by foreign government employees, in foreign government vehicles, for foreign government purposes (i.e., not for the purpose of commerce) are subject to the HMR.

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 do not apply to a motor vehicle, aircraft, or vessel operated solely for the noncommercial Sea Lamprey Control Program.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

171.1(d)(5)

Regulation Sections

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