{"operation":"document","citation":"00-0203","title":"Mr. Kenneth Ozard — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-10-26","effective_on":null,"summary":"00-0203 concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0203.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0203.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0203","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000203.pdf","body":"<<<PAGE 1>>>\n\nU.S.Department\nof Transportation\nWashington, D.C.\nresearch anc\nOCT 26 2000\nMr. Kenneth Ozard\nRef. No. 00-0203\n1275 Rock Avenue, Apt. MM3\nNorth Plainfield, NJ 07060\nDear Mr. Ozard:\nThis is in response to your letter dated July 12, 2000, and subsequent telephone conversation with\namateur rocket propellants and related chemicals in your personal vehicle.\nAs specified in § 171.1, the HMR govern the safe transportation of hazardous materials in intrastate,\ninterstate, and foreign commerce. Federal hazardous materials transportation law, codified at 49\nU.S.C. 5101 et seq., defines \"commerce\" to mean \"trade or transportation in the jurisdiction of the\nUnited States between a place in a state or a place outside of the state; or that affects trade or\ntransportation between a place on a state and a place outside of the state.\" 49 U.S.C. 5102(1).\nHistorically, we have considered commerce to include all private--that is, non-governmental--\ntransportation of a hazardous material except for transportation in a personal vehicle for the personal\nuse of an individual.\nIn your telephone conversation with Mr. Nelson, you stated that you are not a corporation or a not-for-\nprofit organization, you do not sell hazardous materials to other persons, and you do not offer\nhazardous materials to shipping or parcel companies or to the U. S. Postal Service. In addition, you\nstated that you receive no compensation for supplying services for displays or for rocket components.\nTherefore, shipments of hazardous materials transported by you in your private vehicle for non-\ncommercial purposes are not subject to the MR when on public or private roads. However, if the\npurpose is commercial or if you offer hazardous materials for transportation to commercial carriers, the\nHMR apply.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact this\nOffice.\nSincerely,\nWhatBillis\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\nIHHIH\n113.22\n000203\n\n<<<PAGE 2>>>\n\n•\nKENNETH OZARD\nnelson\n'hone Numbers: Work: 908 668-5000 Ext. 5767, Home: 908-756-765.\n275 Rock Ave., Apt. # MM3, North Plainfield, New Jersey, 07060, US.\n§ 173.22\n11. 0253\nTo:\nU.S. Department of Transportation\nResearch and Special Programs Administration\nOffice of Hazardous Materials Safety\n400 7th St., S.W.\nWashington, DC 20590\nPlease direct me to the correct office, individuals and phone numbers for questions relating\nto regulations and requirements for the transportation of hazardous materials, specifically\namateur rocket propellants and the related chemicals (listed below).\nTo avoid being directed to the wrong person please note that this is not in regards to NAR\n(National Association of Rocketry) or TRA (Tripoli Rocketry Association) hobby activities.\nThis is concerning the design and testing of solid rocket propellant motors by amateurs for\nsounding rockets (atmospheric research rockets.)\nAt this time the activities are not commercial, however it is possible that a successful project\ncould change that several years down the road. Right now I need information for amateur\nrocket propellant activities.\nThe chemicals involved include:\nOxidizers:\n1.41\nAmmonium Perchlorate\nAmmonium Nitrate\nFuels:\nPowdered/Atomized Aluminum\nPowdered/Atomized Magnesium\nCatalysts:\nRed Iron Oxide\n\n<<<PAGE 3>>>\n\nKENNETH OZARD\nBinders:\nVarious resins such as R45HT\nThe assembled rocket motors contain 60% oxidizer, 20% fuel and 20% binder.\n(Approximately, by weight.) The weight of the assembled motors range from 1 Ib to 200 lbs\nand this defines the quantities of the chemicals used and to be transported.\nAs a point of reference these motors employ essentially identical construction techniques and\nchemical ingredients as do commercial composite rocket motors sold at hobby stores for\namateur high power rocketry use.\nPlease direct this letter to the correct individuals that can outline the requirements for\ntransporting the propellant and related chemicals, as well as provide the associated\ndocumentation and forms.\nOnce this letter reaches the correct individual(s), please send me (by mail or email) an\noutline of the requirements for transporting the propellant and related chemicals, as well as\nthe associated documentation and forms that I will require.\nI would also appreciate any contact information you can provide for the appropriate NJ and\nNC State DOT counter parts for the same questions.\nSincerely,\nKen Ozard\nRegard\nJuly 12, 2000","truncated":false,"body_characters":4499}