Bureau of Alcohol, Tobacco and Firearms — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Research and Administrations FEB 2 4 2000 Mr. Paul J. Vido Ref No. 00-0015 Bureau of Alcohol, Tobacco and Firearms Department of the Treasur Washington, D.C. 20226 Dear Mr. Vido: This is in response to your letter regarding the requirements for temporary storage of explosives transported in a motor vehicle by highway under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provided the following scenario: Dyno Nobel Transportation, Inc., transports explosives on behalf of the manufacturer, Dyno Nobel, Inc. The explosives are routinely stored temporarily at a location en route to their destination. One of the locations is partially owned by Dyno Nobel, Inc., and the other is leased. The trucks containing the explosives may remain at these locations for a period ranging from a few hours to more than a day. You asked the following questions: Q1. Are the explosive materials on the trucks under DOT regulation during the time that they are at the temporary location? Al. The answer is yes. "Transportation," as defined in § 5102 of the Federal hazardous materials transportation law (49 U.S.C. 5101-5127) means the movement of property and loading, unloading, or storage incidental to the movement. Thus, explosives routinely stored temporarily at a location en route to its destination is considered "storage incidental to transportation" or "temporary storage." Q2. Does the length of time they rest at this location affect this determination? A2. Although no specific length of time is prescribed, all shipments of hazardous materials (e.g., explosives) by motor vehicle must be transported without unnecessary or undue delay, from and including the time of commencement of the loading of the hazardous material until its fimal unloading at destination (See § 177.800(di)). 000015 -#

Page 2Q3. Additionally, if a portion of the explosive materials are unloaded for storage at this location, does this affect this determination with respect to the explosives remaining on the truck for further transportation? A3. The portion of the explosives stored temporarily at a location and the explosives remaining on the truck for further transportation are considered in transportation in commerce, and subject to the HMR. Transportation ends once a consignee takes physical delivery of the hazardous material from the carrier. After delivery, storage of hazardous material at a consignee facility is not storage incidental to the movement or temporary storage. For your information, general requirements which address driving and parking rules and vehicle attendance requirements for explosives are in found in Part 397 of the Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR Parts 200-399). I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3.JAN-10-2000 10:10 ARSON AND EXPL 202 927 8887 P. 02/03 DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS WASHINGTON, DC 20226 engrum 51718(5) Storage incidental to transportation 00 - 6015 90230W30 55.141 5400 Mr. Ed Mazzullo DHM-10 Director, Hazardous Materials Standards, RSPA 400 7th Street SW Washington, DC 20590 Dear Mr. Mazzullo: I am writing to request a determination of whether explosive materials on trucks and en route to their destination are under Department of Transportation (DOT) regulation under certain circumstances. As you are aware, the explosives regulations at 27 CFR 55.141 exempt from this part "Any aspect of the highway, or air which is regulated by the U.S. Department transportation of explosive materials via railroad, water, OI Iransportation and its agencies, and which pertains to safety." Therefore, the Bureau of Alcohol, Tobacco and Firearms (ATF) generally does not regulate materials that are under the regulation of the Department of Transportation. Dyno Nobel Transportation, Inc., transports explosive materials on behalf of the manufacturer, Dyno Nobel, Inc. It has come to our attention that the trucks carrying the explosives routinely come to rest temporarily at a location en route to their destination. One of the locations is partially owned by Dyno Nobel, Inc., and the other is leased. The trucks may remain at this location for a period of time ranging from a few hours to more than a day. WWW.ATF.TREAS_GOV -#

Page 4-2- Mr. Ed Mazzullo our questions are as follows: • Are the explosive materials on the trucks under DOT location? regulation during the time that they are at the temporary • Does the length of time they rest at this location affect this determination? • Additionally, if a portion of the explosive materials are unloaded for storage at this location, does this affect this determination with respect to the explosives remaining on the truck for further transportation? Thank you for your assistance in this matter. Please do not hesitate to contact Specialist Bill O'Brien at 202-927-8171 if you require further information. sincerely yours, Val Wil Acting Chief, Ardon and Explosives Programs Division TOTAL P.Ø3#