Department of the Army — Hazardous Materials Safety Interpretation

Page 1U.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 2DEPARTMENT 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 3Your 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#