{"operation":"document","citation":"10-0217","title":"Mr. Daniel J. VenRoy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-11-16","effective_on":null,"summary":"10-0217 concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0217.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0217.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0217","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100217.pdf","body":"<<<PAGE 1>>>\n\nu.s. Department 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration \n NOV 1 6 2011\nMr. Daniel J. VenRoy\n14564 - 84th Ave.\nCoopersville, MI 49404\nRef. No. 10-0217\nDear Mr. VenRoy:\nThis is in response to your letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the private transportation of\nexplosives on a public highway. Specifically, you ask if you are subject to the HMR and\nmust also obtain a Hazardous Material Endorsement on a Commercial Driver License\n(CDL) when transporting such explosives from the point of purchase to your farm.\nI apologize for the delay in responding and any inconvenience it may have caused.\nThe answer to both of your questions is dependent upon whether the purchased explosives\nare being transported on a public highway in furtherance of a commercial enterprise (e.g., a\nfor-profit agricultural operation). As specified in § 171.1, the HMR govern the\ntransportation of hazardous materials in intrastate, interstate, and foreign commerce. The\nterm \"in commerce\" means in furtherance of a commercial enterprise. Hazardous\nmaterials that are purchased and transported to support a commercial enterprise are fully\nsubject to the HMR. Further, a Hazardous Material Endorsement is required on a CDL\nwhen the placarding of a transport vehicle is required by the HMR as prescribed in the\nFederal Motor Carrier Safety Regulations (FMCSRs) at 49 CFR 383.93. Accordingly,\nhazardous materials that are sold for personal, non-commercial use and transported by such\npersons in their personal vehicles are not subject to the HMR.\nPlease note that whether or not you are subject to the HMR or FMCSRs, there may be\nother Federal, state, and local standards or regulations governing the purchase, movement,\nand storage of explosives intended for non-commercial use on private property.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nSeptember 23,2010\nDaniel J. VenRoy\n14564 - 84th Ave\nCoopersville, Mi. 49404\nMr. Edward T. Mazzullo\nDirector, Office ofHazardous Materials Standards\nU.S. DOTIPHMSA (PHH-lO)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Sir:\nI am a retired Sheriffs Deputy and own a blueberry farm in\nCoopersville, Mi. I have constructed an A TF approved Type-I\nmagazine to store high explosives and I am currently waiting for\nmy A TF license to arrive.\nI have received conflicting answers on the transportation of\nexplosives. I want to purchase dynamite for my own use from the\nDyno Nobel Company but I have to transport it in my pick up\ntruck about 200 miles. First, I would like to know what safeguards\nI need to take besides an A TF approved \"Day Box\"\nmounted in my truck bed. What, ifany, additional equipment or\nidentifying labels do I need? Also, do I have'to have a CDL\nendorsement on my driver's license?\nI will not be making any kind ofdeliveries nor will I be diverting\nfrom the most direct route there and home. Any information you\ncan provide would be most appreciated.","truncated":false,"body_characters":3252}