Applicability of the HMR to the Department of Defense (DOD)

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)).