{"operation":"document","citation":"00-0015","title":"Bureau of Alcohol, Tobacco and Firearms — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-02-24","effective_on":null,"summary":"00-0015 response to Bureau of Alcohol, Tobacco and Firearms concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0015","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000015.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nResearch and\nAdministrations\nFEB 2 4 2000\nMr. Paul J. Vido\nRef No. 00-0015\nBureau of Alcohol, Tobacco\nand Firearms\nDepartment of the Treasur\nWashington, D.C. 20226\nDear Mr. Vido:\nThis is in response to your letter regarding the requirements for temporary storage of explosives\ntransported in a motor vehicle by highway under the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180).\nYou provided the following scenario:\nDyno Nobel Transportation, Inc., transports explosives on behalf of the manufacturer,\nDyno Nobel, Inc. The explosives are routinely stored temporarily at a location en route\nto their destination. One of the locations is partially owned by Dyno Nobel, Inc., and\nthe other is leased. The trucks containing the explosives may remain at these locations\nfor a period ranging from a few hours to more than a day.\nYou asked the following questions:\nQ1. Are the explosive materials on the trucks under DOT regulation during the time that they are at\nthe temporary location?\nAl.\nThe answer is yes. \"Transportation,\" as defined in § 5102 of the Federal hazardous materials\ntransportation law (49 U.S.C. 5101-5127) means the movement of property and loading,\nunloading, or storage incidental to the movement. Thus, explosives routinely stored temporarily\nat a location en route to its destination is considered \"storage incidental to transportation\" or\n\"temporary storage.\"\nQ2.\nDoes the length of time they rest at this location affect this determination?\nA2. Although no specific length of time is prescribed, all shipments of hazardous materials (e.g.,\nexplosives) by motor vehicle must be transported without unnecessary or undue delay, from\nand including the time of commencement of the loading of the hazardous material until its fimal\nunloading at destination (See § 177.800(di)).\n000015\n-\n\n<<<PAGE 2>>>\n\nQ3.\nAdditionally, if a portion of the explosive materials are unloaded for storage at this location,\ndoes this affect this determination with respect to the explosives remaining on the truck for\nfurther transportation?\nA3.\nThe portion of the explosives stored temporarily at a location and the explosives remaining on\nthe truck for further transportation are considered in transportation in commerce, and subject to\nthe HMR. Transportation ends once a consignee takes physical delivery of the hazardous\nmaterial from the carrier. After delivery, storage of hazardous material at a consignee facility is\nnot storage incidental to the movement or temporary storage.\nFor your information, general requirements which address driving and parking rules and vehicle\nattendance requirements for explosives are in found in Part 397 of the Federal Motor Carrier Safety\nRegulations (FMCSR; 49 CFR Parts 200-399).\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n.JAN-10-2000\n10:10\nARSON AND EXPL\n202 927 8887\nP. 02/03\nDEPARTMENT OF THE TREASURY\nBUREAU OF ALCOHOL, TOBACCO AND FIREARMS\nWASHINGTON, DC 20226\nengrum\n51718(5)\nStorage incidental to\ntransportation\n00 - 6015\n90230W30\n55.141\n5400\nMr. Ed Mazzullo\nDHM-10\nDirector, Hazardous Materials Standards, RSPA\n400 7th Street SW\nWashington, DC 20590\nDear Mr. Mazzullo:\nI am writing to request a determination of whether\nexplosive materials on trucks and en route to their\ndestination are under Department of Transportation (DOT)\nregulation under certain circumstances.\nAs you are aware, the explosives regulations at 27 CFR\n55.141 exempt from this part \"Any aspect of the\nhighway, or air which is regulated by the U.S. Department\ntransportation of explosive materials via railroad, water,\nOI Iransportation and its agencies, and which pertains to\nsafety.\" Therefore, the Bureau of Alcohol, Tobacco and\nFirearms (ATF) generally does not regulate materials that\nare under the regulation of the Department of\nTransportation.\nDyno Nobel Transportation, Inc., transports explosive\nmaterials on behalf of the manufacturer, Dyno Nobel, Inc.\nIt has come to our attention that the trucks carrying the\nexplosives routinely come to rest temporarily at a location\nen route to their destination. One of the locations is\npartially owned by Dyno Nobel, Inc., and the other is\nleased.\nThe trucks may remain at this location for a\nperiod of time ranging from a few hours to more than a day.\nWWW.ATF.TREAS_GOV\n-\n\n<<<PAGE 4>>>\n\n-2-\nMr. Ed Mazzullo\nour questions are as follows:\n• Are the explosive materials on the trucks under DOT\nlocation?\nregulation during the time that they are at the temporary\n• Does the length of time they rest at this location affect\nthis determination?\n• Additionally, if a portion of the explosive materials are\nunloaded for storage at this location, does this affect\nthis determination with respect to the explosives\nremaining on the truck for further transportation?\nThank you for your assistance in this matter. Please do\nnot hesitate to contact Specialist Bill O'Brien at\n202-927-8171 if you require further information.\nsincerely yours,\nVal Wil\nActing Chief, Ardon and Explosives\nPrograms Division\nTOTAL P.Ø3","truncated":false,"body_characters":5238}