Department of the Air Force — Hazardous Materials Safety Interpretation

Page 1.. US. Department 400 Seventh Street, S.W of Transportation Washington, D.C. 20590 Research and Administration Special Programs MAY 27 1000 SMSGT Timothy w. Stern, USAF " Ref. No! 99-0073 CEM, Air Force Vehicle Maintenance Vehicle and Equipment Division Directorate of Transportation Department of the Air Force 1030 Air Force Pentagon Washington, DC 20330-1030 Dear Sergeant Stern: This is in response to your letter of April 22, : 1999, Materials Regulations (HMR; 49 CFR Parts 171-180) to U.S. Air requesting clarification on the applicability of the Hazardous Force vehicles traveling on public highways. The transport of hazardous materials in military vehicles operated by military personnel solely for noncommercial military purposes are not 'subject to the MR. This also applies to the transport of hazärdous material by other government agencies. However, If the purpose is commercial, or if the government entity offers hazardous material for transportation to commercial carriers, then the HMR would apply. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, The 1omn D. All Thomas G. Allan Acting Director, Office of Hazardous Materials Standards 111.1 990073#

Page 2DEPARTMENT OF THE AIR FORCE HEADQUARTERS UNITED STATES AIR FORCE WASHINGTON DC 3171.1 22 April 1999 49-0073 MEMORANDUM FOR US DEPARTMENT OF TRANSPORTATION ATTN: RESEARCH AND SPECIAL PROGRAM ADMINISTRATION FROM: AF/ILTV 1030 Air Force Pentagon Washington DC 20330-1030 SUBJECT: Clarification of Hazardous Materials Regulations Request clarification on the applicability of Hazardous Materials Regulations, 49 CFR parts 171-180, to US Air Force vehicles traveling on public highways. On occasion, the US Air Force (USAF) has requirements to transport motor vehicle and aviation fuel in support of Department of Defense activities on public highways. The vehicles used to transport the fuels are USAF owned, and operator by government personnel. Our interpretation of the referenced CFR is that Hazardous Materials Regulations are applicable to entities engaged in commerce, thus USAF vehicles are exempt. Thank you for your assistance in clarifying this matter. If there is a requirement for additional information, I may be reached by telephone at (703) 697-3374, or by facsimile machine at (703) 692-9756. W. stew TIMOTHY W STERN, SMSgt, USAF CEM, Air Force Vehicle Maintenance Vehicle and Equipment Division Directorate of Transportation#