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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 #99-0103 ([Department of the Army] [Mr. Thomas S. Smith])

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

Individual Name: Mr. Thomas S. Smith

Location State: MI Country: US

View the Interpretation Document

Response text:

APR 27, 1999


Mr. Thomas S. Smith                         Ref.  No. 99-0103
Department of the Army
182nd Transportation Company (MTP)
901 Airport Access Road
Traverse City, MI 49686

Dear Mr. Smith:

This is in response to your letter dated April 15, 1999, regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to government agencies transporting hazardous materials.

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 of hazardous materials 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 hope this satisfies your request.



John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards


Regulation Sections

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