GeoDynamics — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration APR . 1 2 '}!l1') ~t.; itO. 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Rick Chewning GeoDynamics 10500 West Interstate 20 Millsap, TX 76066 Reference No. 12-0013 Dear Mr. Chewning: This is in response to your e-mail asking us to define the term "in transit" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you describe a scenario in which you have a skid of Class 1.4 explosives, packaged, placarded, and strapped to the flatbed of a pick-up truck. You ask whether the truck may be loaded the night before delivery provided the truck and warehouse is locked. You state that the warehouse has an alarm system with code- specific security gates at the entrances. The term "in transit" is not defined in the HMR. However, for purpose of the HMR, as defined in § 171.8, ''transportation" or transport means the movement of property and loading, unloading, or storage incidental to that movement. With respect to the pick-up truck, it may be loaded the night before delivery. Explosives stored temporarily at a location en route to its destination is considered "storage incidental to transportation" or "temporary storage." Although no specific length of time is prescribed in the HMR, as specified in § 177.800( d), all shipments of hazardous materials, including explosives, being transported by motor vehicle (in this case, a pick-up truck) must be transported without unnecessary or undue delay, from and including the time of the start of loading of the hazardous materials until its final unloading at the destination. (Also, for your information, see§ 172.800 for security plans and applicability.) I hope this information. Please contact this office should you have additional questions. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: INFOCNTR (PHMSA) Monday, January 09, 2012 3:31 PM Drakeford, Carolyn (PHMSA) FW: Letter of Interpretation M~ Infqre ~l?l· 8' . 'De.fli n , .. -h o n-S 12-0013 Hi Carolyn, Rick Chewning requested this e-mail be submitted as a formal letter of interpretation during his 1/9/11 HMIC phone call with Adam Lucas. Thanks, Victoria Victoria Lehman Hazmat Information Center (HMIC) http://phmsa.dot.gov/hazmat/info-center (202) 366-1035 From: Rick Chewning [mailto:Rick.Chewning@perf.com] Sent: Monday, January 09, 2012 1:24PM To: INFOCNTR (PHMSA) Subject: Letter of Interpretation Needed for this situation----Our company manufactures Class 1.4 oilfield explosives .. ! need clarification on what is called "IN TRANSIT"-----We have a skid of Class 1.4 explosives, correctly placarded, tarped ,and strapped to the flatbed of our pickup truck .. Can we load the truck the night before, for delivery the next day, as long as our truck is locked, the warehouse is locked with an alarm system with ADT, and our facility ,GeoDynamics, has electronic -code specific- security gates at all entrances. Our goal is to be compliant at all times. Your guidance on this matter will be greatly appreciated .. Thanks Rick ... 817-771-4740 1#