# Department of the Army — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 00-0366
- **title:** Department of the Army — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2001-01-26
- **effective on:** Not available
- **summary:** 00-0366 response to Department of the Army concerning 171.1.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-00-0366.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-00-0366.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-00-0366
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000366.pdf
**body:**

<<<PAGE 1>>>

U.S. Department
of Transportation
Special Programs
Research and
Administration
JAN 2 6 2001
Mr. Steven G. LaPoint
Ref. No. 00-0366
CECOM Directorate for Safety
AMSEL-SF-RE
Department of the Army
US Army Communications-Electronics Command
Fort Monmouth, NJ 07703-5000
Dear Mr. LaPoint:
This is in response to your December 23, 2000, letter
requesting clarification on the applicability of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) to the
Department of Defense (DOD). Specifically, you ask if the HMR
apply to the DOD when it is transporting radioactive materials
in DOD conveyances operated by DOD personnel.
The federal government is not subject to the HMR unless it
offers for transportation or transports a hazardous material
in commerce or in furtherance of a commercial enterprise.
Transportation is not in furtherance of a commercial
enterprise if it is carried out by governmental personal for a
governmental purpose.
Therefore, DOD is not subject to the
requirements of the HMR when it ships hazardous materials on
vehicles which are operated by a government employee (military
or civilian) provided the shipment does not further a
commercial
enterprise. However, contractors are not
governmental personnel. Thus, DOD is subject to the
requirements of the HMR when it ships hazardous materials on
conveyances operated by contractor personnel (see § 171.1(b)).
I hope this satisfies your request.
Sincerely,
Transportation Regulations Specialist
Office of Hazardous Materials
Standards
171.1
000366

<<<PAGE 2>>>

DEPARTMENT OF THE ARMY
HEADQUARTERS, US ARMY COMMUNICATIONS-ELECTRONICS COMMAND
AND FORT MONMOUTH
BAH
ATTENTION OF
REPLY TO
FORT MONMOUTH, NEW JERSEY 07703-5000
December 23, 2000
§ 171.8
CECOM Directorate for Safety
•
Applicability
AMSEL-SF-RE
00-0366
U.S. Department of Transportation
Office of Research and Special Programs
Hazardous Materials Administration
Washington, DC 20590-0001
SUBJECT: Transportation of Radioactive Material by U.S.
Department of Defense (DoD) Personnel
Dear
Sir:
This letter addresses the movement of hazardous materials (i.e.,
radioactive material (RAM)) for non-commercial transportation by
U.S. DOD military, civilian, and contract personnel, in U.S. DoD
owned conveyances. We are requesting your office provide
concurrence and/or comments on our interpretation of the
Hazardous
Materials Regulations.
radioactive material or radioactive components in conveyances
The U.S. DoD routinely transports equipment containing
operated by U.S. DoD personnel.
Transportation of these
radioactive equipments may include movements to and from a
warehouse to a unit's base of operations; to and from a
calibration facility; turn-in of equipment to an excess
storage/collection point; or movement to and from a field
training exercise.
The radioactive equipment may include items
such as radios, compasses, fire control devices, and chemical
however, at no time is the material offered for transportation
to a commercial carrier.
Therefore, it is our interpretation that 49 CFR, Subchapter C,
lazardous Materials Regulations, does not apply to the U.S. Dol
hen transporting radioactive equipment in U.S. DoD conveyances
operated by U.S. DoD personnel.

<<<PAGE 3>>>

Your expeditious review and consideration of our interpretation
would be appreciated.
If you need additional information on this issue contact Mr.
Hugo Bianchi, CECOM Directorate for Safety, (732) 427-3112 ext.
6444.
teven G. LaPoint
irector, Directorate for Safety
cf: U.S. Department of Transportation, Division of the Office
Hazardous Materials Standards, DHM-10 (Mr. Edward Mazzullo),
400pth
Street SW, Washington,
20590-0001
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