Canadian Material Support Group — Hazardous Materials Safety Interpretation

Page 1U.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 2Q3. 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 3Canadian 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 4S. 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 5u.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 6DEPARTMENT 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 7u.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 101=-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 11o 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 13PHIMSA - 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#