{"operation":"document","citation":"08-0136","title":"German Airforce FTC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-07-25","effective_on":null,"summary":"08-0136 response to German Airforce FTC concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0136.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0136.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0136","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080136.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJllL 2 5 2008\nMr. Egon Weyel\nMastersergeant\nGerman Airforce FTC\nWing & Support Squadron\n420 Delaware Ave, Building 283\nHolloman Airforce Base, NM 88330\nRef. No.: 08-01 36\nDear Mr. Weyel:\nThis responds to your letter dated May 9,2008, requesting clarification on the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1-1 80). Specifically, you ask if the HMR\napply to the transportation of hazardous materials to the United States in German military\naircraft operated by German military personnel.\nThe HMR apply to the transportation of hazardous materials in commerce. The\ntransportation of hazardous materials for non-commercial purposes, in foreign military\naircraft operated by foreign military personnel, is not subject to the HMR.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nJohn A. Gale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<>>\n\nDrakeford, Carolyn \nFrom:\nSent:\nTo:\nSubject:\nBetts, Charles \nWednesday, May 14,2008 7:01 AIM\nDrakeford, Carolyn \nFW: HazMat Transportation\nImportance: High\nPlease log in as an request for interpretation.\nThanks !\nCharles\n----- Original Message-----\nFrom: Egon Weyel [mailto:EgonWeyel@bundeswehr.org] On Behalf Of FlgAusbZLw StUstgStff AuV\nSent: Tuesday, May 13, 2008 5:34 PM\nTo: Betts, Charles \nSubject: HazMat Transportation\nDear Mr. Betts,\nI'm Mastersergeant Egon Weyel from the German Air Force Flying Training Center at Holloman\nAir Force Base in New Mexico. Since several month we are working on some problems which we\nhave with the transportation of HazMat.\nFirst I have to mention that we carried most of our HazMat with commecial carriers and\nunder the regulations of the 49CFR. Due to the fact, that we have also HazMat which ist\nspecial manufactured for our Fighter Airplanes e.g. Emergency Oxygen Bottles, Lithium\nBatteries etc. and which is not according to the regulations in 49CFR but we have the need\nto transport them also (to our TDY's in the US and back to Germany). In the past we did it\nwith our own military airlift capabilities or if we don't get airlift, we didn't transport\nthem. As I mentioned that we working for a solution according to the US law, I received an\neMail from your Infocenter (attached).\nDuring a HazMat Transportation Workshop in Nashville, TN last week I meet Mr.Patricio\nRomero and talk to him about the problems we have and I showed him that eMail. He and his\ncolleagues agreed to this eMail but to make it more official he gave me our adress and\nmentioned that you may give us a letter which says that we (German Air Force) don't fall\nunder 49CFR regulations, when we transport our HazMat not in commerce which means we\ntransport it with our own personal with our own means of transport and for military\npurpose.\nSir, I would appreciate if you can support us in this case and give us an answer as soon\nas possible.\nBest regards\nEgon Weyel\nMastersergeant\nAFB, NM 88330\nPhone: 575 572 6141\nFax: 575 572 6144\neMail: egonweyel@bundeswehr.org\nGerman Air Force FTC / Wing & Support Squadron 420 Delaware Avenue -Bldg 283- Holloman\nAttachment\nPer our conversation Mr. Weyel you have a couple of potential options for your situation.\n1) You could try to obtain a Special Permit from the Special Permits and Approvals Office\nat 202-366-4535 in order to transport hazardous materials in receptacles that are non-\nspecification cylinders. They may grant you one, they may not. It is up to their\ndiscretion.\n\n<<>>\n\n2) You could transport the receptacles using military personnel, military vehicles for\nmilitary purposes in which case it would not be considered to be transportation \"in\ncommerce\" and would therefore not be subject to 49 CFR.\n----- Original Message-----\nFrom: Egon Weyel [mailto:EgonWeyel@bundeswehr.org]\nSent: Monday, May 07, 2007 2:40 PM\nTo: INFOCNTR \nSubject: Haz Mat packages\nLadies and Gentlemen,\nthe German Air Force Flying Training Center is a tenant unit of the United States Air\nForce at Holloman Air Force Base, New Mexico.\nOur mission is to train German Air Force aircrews on the TORNADO fighter aircraft.\nDeployments to other Air Force Bases in the United States are part of our training\nrequirements. To operate the TORNADO fighter aircraft we have to use several different\npressure receptacles which are built specialy for this typ of aircraft ,these receptacles\ncan only be used in this specific aircraft, all receptacles are made under UN\nrecommandations but not within the requirements of 49CFR.\nFor deployments we transport these receptacles with commercial trucks, for maintenance in\nGermany and back to the U.S. we transport these receptacles due our own military airlift\ncapacities.\nOur question now is really easy, how can we transport these receptacles in the future to\nour deployment facilities and to Germany and what have we to do to be in line with the\nU.S. regulations?\nvery respectfully\nEgon Weyel\nSMsgt\nGerman Air Force\n(505) 572 6141","truncated":false,"body_characters":5149}