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Interpretation Response #10-0048

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 10-29-2010
Company Name: Department of National Defence    Individual Name: Captain E.M. Steele
Country: CA

View the Interpretation Document

Response text:

October 29, 2010




Captain E.M. Steele
Commander, Canadian Materiel
Support Group
Department of National Defence
101 Colonel By Drive
Ottawa, Ontario K1A 0K2

Reference No. 10-0048

Dear Captain Steele:

This is in response to your February 15, 2010 letter to Mr. Duane Pfund, Acting Director, Office of Hazardous Materials Technology, Pipeline and Hazardous Materials Safety Administration (PHMSA), United States (U.S.) Department of Transportation, and Mr. Gerald Weir"s May 26 and 28, 2010 e-mails to a member of my staff concerning whether or not the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) apply to Canadian Department of National Defence (CDND) shipments of equipment and explosives transported by contract carriers in motor vehicles to and from the United States. Your letter was forwarded to the Office of Hazardous Material Safety for response. We apologize for the delay in responding and any inconvenience this may have caused.

You state these shipments will be escorted by a Canadian civilian employee or a member of your country"s Armed Forces under a Canadian provision that defines the type of carriage as being contracted carriage "Under Direct Control of the Minister of National Defence." You also state if method of transport is not possible under the HMR, the CDND would transport its explosive shipments in CDND-owned or leased vehicles operated by its employees or members of Canada"s Armed Forces.

The HMR do not contain a provision that permits a hazardous material transported by a contract carrier and escorted by a federal government employee to be considered "under the direct control" of the federal employee. However, the HMR do permit hazardous materials offered for or transported in commerce by motor vehicle or railcar from Canada into the U.S., from the U.S. into Canada, or transiting the U.S. to Canada or a foreign country to conform with the Transport Canada"s Transport of Dangerous Goods Regulations (TDR) as authorized in 49 CFR § 171.22 provided the requirements of §§ 171.12, 171.22 and 171.23 are met (see § 171.22(a)). The HMR also contain exceptions that permit certain hazardous materials to be shipped under specific circumstances when "under the direction of" the U.S. Department of Defense or U.S. Department of Energy (see 49 CFR § 173.7), but these regulations do not apply to the Canadian Department of National Defence or to contractors to the U.S. federal government.

To facilitate the transportation of your materials, you may wish to request a special permit. Your application should be directed to the Office of Hazardous Materials Special Permits and Approvals and should include specific and detailed information concerning how you propose to package and transport the materials. The procedures for applying for a special permit are in 49 CFR Part 107, Subpart B. You may also obtain this information at our website at ""

I hope this satisfies your request.


Glenn Foster, Acting Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

cc: Mr. Gerald Weir
J4 Ammo 4-3
Department of National Defence
101 Colonel By Drive
Ottawa, Ontario K1A 0K2

171.1, 171.22

Regulation Sections

Section Subject
§ 171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions