# Canadian Material Support Group — Hazardous Materials Safety Interpretation

**Citation:** 10-0085  
**Type / status:** guidance / guidance  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2010-05-27

10-0085 response to Canadian Material Support Group concerning 171.1.

## Document text

<<<PAGE 1>>>

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration
MAY 27 2010 1200 New Jersey Ave, SE
Washington, D.C. 20590
Captain E.M. Steele
Canadian Material Support Group
101 Colonel By Drive
Ottawa, Ontario, Canada K 1 AOK2
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 (Le., military). Specifically, you ask for clarification ofthe
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 ofthe 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?
AI. Yes. Applicability of the HMR is contingent on the status ofthe 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 ofthe 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.l(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.

<<<PAGE 2>>>

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 ofNational 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 ofhazardous material in the United States by Canada's Department ofNational
Defense using their own personnel for government purposes is not subject to the HMR.
However, if Canada's Department ofNational 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. Ifyou have further questions, please contact this office.
Si:r~
Charles E. Betts
Chief, Standards Development
ffice ofHazardous Materials Standards

<<<PAGE 3>>>

Canadian Materiel Groupe de soutien en
Support Group materiel du Canada
101 Colonel By Drive 101 promenade Colonel By
Ottawa, Ontario K1A 01<2 Ottawa, Ontario K1A 01<2
l~February 2010
Mr. Duane Pfund
United States Department of Transportation
Research and Special Programs Administmtion
Office ofHazardous Materials Standards
400 71h St., S.W., Washington, D.C. 20590
Dear Mr. Pfund:
References: A. PHMSA Interpretation 05·0024 dated 18 February 2005 (enclosed)
B. PHMSA Interpretation 05·0150 dated 28 June 2005 (enclosed)
C. PHMSA Interpretation 08·0226 dated 21 October 2008 (enclosed)
D.' PHMSA Interpretation 99·0053 dated 16 March 1999 (enclosed)
I. This letter addresses the applicability of 49 CFR parts 170-180, the Hazardous Materia's
Regulations (HMR), for Canada's Department of National Defence owned and operated vehicles. The
Canadian Forces controlled vehicles are used to transport Class 1 Hazmat materials. Military transported
items are used for military purposes during routine tmining and field activities. The vehicles will be
travelling to DOD installations over public roadslhighways in the accomplishment of their missions.
2. References A and B state "The transport of hazardous materials in military or government
vehicles operated by military or government personnel solely for non-commercial purposes is not subject
to HMR." We would like to confirm that "military or government vehicles" means government-owned
and government-leased vehicles as long as the vehicle is operated by a military or government civilian
employee.
3. In a query by the German military at Reference C, it is stated that, "The tmnsportation of
hazardous materials for non-commercial purposes, in foreign military transport vehicles (i.e. aircraft.
vessels, or motor vehicle) operated by foreign military personnel, is not subject to the HMR." Is this
interpretation applicable to all countries as long as the purpose of the movement of the hazmat material is
for its own purposes?
4. Reference 0 states that "In commerce means tmnsportation for commercial purposes or the use of
for-hire interstate carriers by a state agency or local jurisdiction to transport hazardous materials." We
would like to confirm that the requirements ofCanada's Department ofNational Defence to transport
Class 1 material for repair and overhaul, as per conditions ofthe purchasing agreements and ITAR
regulations, to non-government agencies is not considered to be "in commerce".
112

<<<PAGE 4>>>

S. Thank you for your assistance in clarifying these matters. Ifthere is a requirement for additional
information, you may contact Mr Gerry Weir, my staff officer in charge ofthis issue by telephone at
(613) 992-7179 or by email atgerald.weir@forces.gc.ca.
E.M. Steele
Captain(Navy)
Commander
Enclosures: 4
212

<<<PAGE 5>>>

u.s. Department 400 Seventh st.• S.W.
of Transportatfon WashIngton. D.C. 20590
Research and
Spadal ,:=raml Admlnr. on FEB 1 6 2fJOO
I
Shawntez L. Brooks, 2nd Lieutenant Reference No. 05-0024
Group Fleet Management Officer
3M Combat Communications Group (ACC)
Department ofthe Air Force
Building 1002, Suite 102
4385 South Air Depot Boulevard
Tinker Air Force Base, OK 73145
Dear Ms. Brooks,
This is in response to your January 21. 2005 letter regarding the applicability ofthe Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) 10 the transport offuels and other items
soleJy for military purposes in Department ofDefense-owned and -operated vehicles.
The transport ofhazardous materials in military or government vehicles operated by military or
government personnel solely for noncommercial purposes is not subject to the HMR. However,
ifthe purpose is commercial, or if the government entity otTers h37.aMOUS material for
transportation to commercial carriers, then the HMR would apply.
I hope this information is helpful.
Sincerely,
;~L~:~~' ·~,e.t.()
~' f
Hattie L. Mitchell•. hier
Regulatory Review and Reinvention
Office ofHazardous Materials Standards
1111111111111111111 17/·/
050024

<<<PAGE 6>>>

DEPARTMENT OF THE AIR FORCE
3d COMBAT COMMUNICATIONS GROUP (ACC)
TINKER AIR FORCE BASE OKLAHOMA
I'~~
21 Jan 05
Second Lieutenant Shawntez L. Brooks
Group Fleet Management Officer
4385 S. Air Depot Blvd.
Bldg 1002, Suite 102
Tinker AFB OK 73145
Mr. Edward T. MazzuJlo
United States Department of Transportation
Research and Special Programs Administration
Office of Hazardous Materials Standards
400 7th St., S.W.
Washington, D.C. 20590
Dear Mr. Mazzullo:
This letter addresses the applicability of 49 CFR parts 170-180, the Hazardous
Materials Regulations (HMR), for OOD-owned and operated vehicles. The 3d Combat
Communications Group vehicles are used to transport fuels (Gasoline and Diesel). Military
transported items are used solely for military purposes during routine training and field
activities.
The vehicles are not limited to transportation on DOD installations; they a)so travel
over public roadslhighways in the accomplishment of their mission. Questions have been
raised as to weather or not these regulations apply to military entities. Does the HMR
regulation apply under these conditions?
Please provide a written response to this question for our records. Your assistance is
greatly appreciated.
Sincerely,
SHAWNTEZ L. BROOKS, 2nd Lt, USAF
Group Fleet Management Officer

<<<PAGE 7>>>

u.s. Depanment
ofTransportation
Plpallne and
HcuarcloUJ MatelialS saraty
Administration
400 Sevlrnlh Sllaet. S.W.
WBShlnglon. D.C. 20590
JUN 28 3m
Chief Warrant Officer Jeffery J. Zagurski Mobile Diving and Salvage Unit TWO
OIC. Detachment ECHO
1004 Hermitage RD. Bldg 2052
Norfolk Virginia 23521-7006
Reference No. 05-01S0
Dear Chief Warrant Officer Zagurski:
This is in response to your letter regarding the applicability ofthe Hazardous ),faterials
Regulations (HMR; 49 CFR Parts 171.180) to the transport ofcompressed gao;es solely for
military purposes in Department ofDefense-owned and-operated vehicles.
The transport ofhazardous materials in military or government vehicles operated by military or
government personnel solely for noncommercial purposes is not subject to the HMR. However.
ifthe purpose is commercial, or ifthe government entity offers hazardous materials fj)r
transportation to commercial carriers, then the HMR would apply.
I hope this infonnation is helpful. Please contact us ifyou require additional assistan·::e.
Sincerely.
6 ;../ John A. Gale
~~.g~
Chief. Standards Development
Office ofHazardous Materials Standards
/1 I, J
1111111111111111111 1'71..-1 01
050150

<<<PAGE 8>>>

[H)":',': c
• '.~. .'"I~ • ~
,.., ; ""'lM~
. _I'T
,.
9 May 2005
Chief Wammt Officer Jeffrey J Zagurski
Mobile Diving and Salvage Unit TWO
Officer in Cbarge, Detachment ECHO
1004 Hermitage RD, BLDG 2052
Norfolk Virginia 23521-7006
,"
Ms. Jessica Parson,
United States Department of Transportation
Research and Special Programs Administration
Office ofHazardous Materials Standards
400 7th St., S.W., Washington, D.C. 20590
Dear Ms. Parson:
This letter addresses the applicability of 49 CFR parts 170-180, the Hazardous
Materials Regulations (HMR), for DOD-owned and operated vehicles. Mobile Diving
and Salvage Unit TWO uses government owned or contracted vehicles to transport
compressed gases (Oxygen, Helium, and Air). These mititmy transported items lire used
solely for military purposes during routine training and operational activities.
The vehicles are not limited to transportation on DOD installations; they alsn travel
over publie roadslhighways in the accomplishment oftheir mission. Questions have been
raised as to weather or not these regulations apply to military entities. Does the HMR
regulation apply under these conditions?
Please provide a written response to this question for our records. Ifthere is a
requirement for additional information, I may be reached by telephone at (757) 462-4331
or by email atJeffrey.Zagurski@navy.mil.
,J~j. )7
d'rr:ey J. ~a~ki.
.~=.;
::J
~.,
: ".
I
,-,
r,' :I
'.:,;,,,,
.. ~) .....
'.-,
t 1
, ::i5
I"~
--::,J

<<<PAGE 9>>>

,- .' ..
us. Department
of Transportation
Pipeline and Huardous Materials
Safety Administration
1200 New Jersev Ave•• SE
Washington, DC 20590
OCT 21 2008
RUdiger PeU
Lieutenant Colonel
DtLwKdo USA/CAN S4
P.O. Box 60-1366
Ft. BUss, TX 79916·7709
Re£ No.: 08-0226
Dear Lt. Colonel PeU:
This responds to your letter dated September 9.2008. requesting clarification ofthe
Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically. you ask ifthe
HMR apply to transportation of hazardous materials in the United States using German
military aircraft, Oennan military motor vehicles or Gennan military vessels operated by
Oennan military personnel for non-commercial purposes.
The HMR apply to the transportation ofhazardous materials in commerce. The
transportation ofhazardous materials for non-commercial purposes, in foreign military
transport vehicles (i.e., aircraft, vessel, or motor vehicle) operated by foreign military
personnel, is not subject to the HMR.
1hope this infonnation is he]pful. Please contact us ifyou require additional assistance.
Sincerely,
4lt--;Jh~
Susan Gorsky,
Acting Chief, Standards Development
Office ofHazardous Materials Standards

<<<PAGE 10>>>

1=-1 U Je.,t' I l t:,..(UI..J
.
,)". I
.
Betts, Charles <PHMSA>
From: RUdiger Peil [RuedlgerPei\@bundeswehr.org) on behalf of DtLwKdo USA
lDtLwKdoUSCAS4@bundeswehr.org]
Sent: Tuesday, September 09, 2008 5:38 PM
To: Betts. Charles <PHMSA>
Subject: Clarification on the Hazardous Material Regulations (HMR; 49 CFR), Ref.-ND 08-0136
Ref.: US DoT from 07/25/2008
Dear Mr Betts,
I am the Senior Logistics Officer and HazMat-Supervisor of the German Air Force Command
in USAICAN, El Paso, TX. Refering to former requests of Mastersergeant Weyel I please you
to support our needs one more time.
With the letter dated July 25, 2008, it was confirmed, that the transportation of
hazardous materials for non-commercial purpose is not subject to the HMR, if this
transport will be executed by military personal in military aircrafts. Unfortunatly this
statement refers only to transportation in military aircrafts.
Could you clarify, that every mean of transportation (rail, street, ship,
air) is not subject to the HMR, if a military transport (non-commercial
purpose) will be executed by foreign military personal in any kind of military vehicle
(car, ship, train, aircraft)?
Such a confirmation would enable the German Forces to transport special spare parts (e.g.
Emergency Oxygen Bottles, Lithium Batteries, wich are not certified as required by 49
CFa) to support excercises and deployments within the US. At the moment this is only
possible, if there are german military airlift capabilities available. This requires a
long-time planing and causes high costs.
Additional to this clarification I please ,you to give some advise concerning declaration
and documentation:
Is there any special declaration 1 documentation for the non-commercial military transport
required?
How can be ensured, that police, sheriff or Highway patrol don't require the fullfillment
of HMR in case of controll?
Is it enough to fullfill the international as well as special german military regulations
in executing such a transport?
It would be kind to provide us with an additional statement.
Yours sincerely
RUdiger Peil
Lieutenant Colonel
DtLwKdo USA/CAN
S4
P.O. Box 60-1366
Ft. Bliss, TX 79916~ 1109
Tel.: (915) 568 8985 I 8916 I 6559 1 6812
Fax: (915) 568 0211
1

<<<PAGE 11>>>

o
U5.Oepartment 400 SMnIh SII'eet, S.W.
oflltlnsportatlon Waslllnglon, D,C. 20590
Researmand
SpectaJ Pn»grams AdmInIstratIan
MAR 1 6 1999
Mr. Bunker Hill Ref. No. 99-0053
Javelin Maintenance Support Center
5845 C/D Yadkin Road
Fayetteville, NC 28303
Dear Mr. Hill:
This is in response to your letter dated March 2, 1999~,
regarding the applicability of the Hazardous Materials'
'Regulations (aMR; 49 CFR Parts 171-180) to government·
shipments by commercial aircraft. Specifically, you ask
whether a military shipment of Helium.,. .compressed, ·2 .. 2, UNI046. _
transported by commercial aircraft 'is subject to the HMR.
The answer is yes. A$ provided in § 171.1, the HMR apply to
any department, agency, or instrumentality that.transports or
ca·us.es t.o be transported or shipped haz.ardous materials in
commerce. ~In commerce" means transportation for commercial
purposes or the use of for-hire interstate carriers by a state
agency or local jurisdiction to transport hazardous materials.
Your shipment of Helium, compressed by commercial aircraft
would be considered in commerce.
I
hope this satisfies your request.
Sincerely,
. .'
John A. Gale
~ 1-
. Transportation Regulations Specialist
Office of Hazardous Materials Standards
(\\.\

<<<PAGE 12>>>

:: 03 92/99 11:28
ID: FAYETTEVILLE JMSC
FAX: 910-860-2701
PAGE
1
BAH
AVER
8171.1
FAX COVER SHEET
99-0053
'JAVELIN MAINTENANCE SUPPORT CENTER
5845 C/D YADKIN ROAD
FAYETTEVILLE, NO 28303
ImportANT
Got
SHIPMENT
PHONE (910) 860-3554
REquINed
military
FAX (910) 860-2701
NATI: 3-2-99
TO: ED MAZZUlO, US DOT, RSPA
PHONI::
"ROM: BunKER HiLL
SUBJECT: CLaIRificatio aND WRitten REspRusE Requisted
NUMBER OP PACES INCLUDING COVER SHEET: Ø
COMMINISINO SADIRIK:ON: Could You plaspell to confirm
Me. Mazzulo, I have A HARARDous MAToriAL thAt
I NEED understanding AND CLARIFICAtion oNe
I HAVE A REGulAted HELIUm COMPRESSED, CLASS
212, UN 1046, 110 Po pegured My MATERIne as 3,5 ciend,
•5 Ky AT 500 psi. It is mn undorstanding that I
dont mEEt ANy ExcLusions under 173:306 Ans this
MATERiAL Is to be stopped Fully REGulted under
19 CFR AND DOT
Requirements Ano REGulatins.
If saba Possible an a yeas Bucky
Air transport always.
ТранКцоми Banterffies

<<<PAGE 13>>>

PHIMSA - Interpretations - Interpretation #08-0226
Page 1 of 2
& PHMSA
U.S. Department of Transportation
1203
Careers ! Contact Us | FAQs | Site Map
Pipeline and Hazardous
Materials Salety Administration
Advanced Search
For the Public
Hazmat Safety
Community
Pipeline Safety
Community
Media | Congress
Doing Business with
PHMSA
About Us.
Home » Hazmat Safety Community » Regulations Interpretations
Calendar
PHMSA Interpretation #08-0226
Contact Us
Oct 21, 2008
I PDF Version
Data & Statistics
Regulation References:
Electronic Services
PHMSA Response Letter
49 CFR 171.1
Enforcement
Grants
this topic
More Interpretations on
Information Center
Hazardous Materials
October 21, 2008
Read the Regulation
International
Incident Reporting
Rüdiger Peil
Standards
DtLwKdo USA/CAN S4
Lieutenant Colonel
Interpretations
Library
P.O. Box 60-1366
Ft. Bliss, TX 79916-7709
NTSB Safety
Recommondations
Ref. No.: 08-0226
Registration
Dear Lt. Colonel Peil:
Regulations
Risk Management
requesting clarification of the Hazardous Materials Regulations
This responds to your letter dated September 9, 2008,
Safety Advisory Notices
(HMR; 49 CFR Parts 171-180) Specifically, you ask If the HMR
Security
apply to transportation of hazardous matertals in the United
Special Permits &
States using German military aircraft, German military moto
Approvals
personnel for non-commercial purposes.
rehicles or German military vessels operated by German military
Training & Outreach
The HMR apply to the transportation of hazardous materials in
Home
About
personnel, is not subject to the HMR.
PHMSA
I hope this information is helpful. Please contact us if you require
Mission and Goals
additional assistance.
About the Agency
Sincerely,
Key Officials
Organization
Susan Gorsky,
Office of Hazardous Materials Standards
Acting Chief, Standards Development
Calendar
Promoting Safety
121.1
& Security
ÖMS ID# 08-0226
Regulations
Approvals
Special Permits &
Standards
International
Security
Initiatives
http://www.phmsa.dot.gov/portal/site/PHMSA/menuitem.ebdc7a8a7e39M)e55of021/50710
aniona

## Provenance

- Official: Yes
- Source: <https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100085.pdf>
- Source ID: `phmsa`
- SHA-256: `9420617f99897686419187ad7f9480c8ae752473182d53c20ed26b0ec0fecdd0`
- Retrieved: 2026-08-20T00:59:31.977Z
- Exported: 2026-08-22T05:50:44.788Z
- Document slug: `phmsa-interpretation-10-0085`

### Source metadata

```json
{
  "materialSubtype": "interpretation",
  "interpretationArea": "hazardous_materials",
  "representation": "full_text_from_official_pdf",
  "companies": [
    "Canadian Material Support Group"
  ],
  "individuals": [
    "Captain E.M. Steele"
  ],
  "refIds": [
    "10-0085"
  ],
  "catalogDates": [
    "2010-05-27"
  ],
  "catalogParts": [
    171
  ],
  "catalogRowCount": 1,
  "sourceRecordUrls": [
    "https://www.phmsa.dot.gov/node/44896"
  ],
  "linkedAttachmentUrls": [],
  "unavailableResponseUrls": [],
  "duplicateRepresentationUrls": [],
  "citedSections": [
    "171.1",
    "171.180"
  ],
  "catalogPageUrls": [
    "https://www.phmsa.dot.gov/regulations/title49/section/1711"
  ],
  "pdfUrls": [
    "https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100085.pdf"
  ],
  "representations": [
    {
      "viewUrl": "https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100085.pdf",
      "detailUrl": null,
      "detailHtmlPath": null,
      "pdfUrl": "https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100085.pdf",
      "pdfArtifactPath": "data/sources/phmsa-interpretations/10-0085-0cf7315d82.pdf",
      "pdfArtifactSha256": "97431f78966f429bc5fa4d228d3b743302e2a82a8c062bc225a67dd58e1d7385",
      "extractedTextPath": "data/sources/phmsa-interpretations/10-0085-0cf7315d82.v2.txt",
      "extractedTextSha256": "ece3554362f8f782d9f119a905092a23d57a2cbf10be3a56fe0ae7b000eccc70",
      "pageCount": 13,
      "extractionVersion": 2
    }
  ],
  "caveat": "Interpretations apply regulations to the facts presented and do not create independently enforceable requirements.",
  "jurisdiction": "US"
}
```