Department of the Army - TARDEC — Hazardous Materials Safety Interpretation

Page 1or esportation Special Programs Research and MAY 17 2004 400 Seventh St., S.W. Washington, D.C. 20590 Administration Mr. Ali Baziari Acting Team Leader - Materials and Environmental Team Reference No.: 04-0118 6501 East 11 Mile Road Department of the Army - TARDEC Warren, Michigan 48397-5000 Dear Mr. Baziari: This is in response to your letter dated April 13, 2004, regarding the applicability of the ransporting hazardous materials. Specifically, you ask whether fuel tankers owned and operate lazardous Materials Regulations (HIMR; 49 CFR Parts 171-180) to government agencie by the U. S. Army used to transport various types of Class 3, flammable liquids would be regulated under the HIMR. The answer is no. 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 in commerce. Shipments of hazardous materials transported by a government o the HMR. However,: entity in vehicles opera, id the purpose is topened or none governe tertise aers hazarjee. material for transportation to commercial carriers, then the HMR apply. I trust this satisfies your request. Sincerely, stilled, Mittel Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 171.1 040118#

Page 2UNITED STATES ARMY TANK - AUTOMOTIVE AND ARMAMENTS COMMAND DEPARTMENT OF THE ARMY WARREN, MICHIGAN 48397-5000 6501 East 11 Mile Road Belts REPLY TÓ $171.1 AMSRD-TAR-E/ME/267 ATTENTION OF April 13, 2004 Applicability 04-0118 United States Department of Transportation Research and Special Programs Administration Attn: Mr. Edward T. Mazzullo Office of Hazardous Materials Standards (DHM-10) 4007" St., S.W. Washington, D.C. 20590 ..** Dear Mr. Mazzullo, 1680 This letter addresses the applicatility of 49 CFR parts 171-185, the Hazardous Materials Regulations (HMR), to DOD owned and operated fuel tankers. The fuel tankers owned and operated by the US Army are used to transport various types of fuels including UN 1203 (Gasoline), UN 1223 (Kerosene), UN 1863 (Fuel Aviation Turbine Engine (JP4/JP5/JP8)), UN 1202 (Diesel Fuel), and UN 1993 (Flammable liquids, n.o.s.) and are routinely used in training and field activities. The füel tankers are not limited to accomplishment of their mission. transportation on DOD installations; they also travel over public roads/highways in the It is my interpretation, that 49 CFR parts 171-185 are only applicable to transportation in operated by US DOD personnel solely for noncommercial military purposes is not "commerce." Therefore, the transport of hazardous materials in military vehicles subject to the HMR. However, if the government owned fuel tankers are operated by a materials, the HMR apply. Your expeditious review and consideration of our contractor or if a contract-carrier is being used for the transportation of hazardous interpretation would be greatly appreciated. If you need additional information on this issue, please contact Michelle Mitoraj, Tank Automotive Research Development and Engineering Center (TARDEC), Materials and Environmental Team at 586-574-5954. You may fax a response to (586) 574-5666. Sincerely, ile. TARDEC /r. Ali Baziari Materials and Environmental Team Acting Team Leader .:#