{"operation":"document","citation":"12-0013R","title":"GeoDynamics — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-03-13","effective_on":null,"summary":"12-0013R response to GeoDynamics concerning 171.1, 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0013r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0013r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0013r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/120013R.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n~200 New Jersey Avenue. SE\nWashington, D.C. 20590\nttAR 1 3 2QU\nMr. Rick Chewning\nGeoDynamics\n10500 West Interstate 20\nMillsap, TX 7 6066\nReference No. 12-0013R\nDear Mr. Chewning:\nThis is in response to your e-mail asking us to define the term \"in transit\" under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you\ndescribe a scenario in which you have a skid of Class 1.4 explosives, packaged, placarded,\nand strapped to the flatbed of a pick-up truck. You ask whether the truck may be loaded the\nnight before delivery provided the truck and warehouse is locked. You state that the\nwarehouse has an alarm system with code-specific security gates at the entrances.\nThe term \"in transit\" is not defined in the HMR. However, for purpose of the HMR, as\ndefined in § 171. 8, \"transportation\" or transport means the movement of property and\nloading, unloading, or storage incidental to that movement. With respect to the pick-up\ntruck, it may be loaded the night before delivery. However, for a private motor carrier,\ntransportation in commerce does not begin until the motor vehicle driver takes\npossession of the hazardous material for the purpose of transportation. Transportation\ncontinues until the driver relinquishes possession of the hazardous mate1ial at its\ndestination and is no longer responsible for performing functions subject to the HMR\n(§ 17l.l(c)).\nIn the case of a private motor carrier, hazardous materials stored temporarily at a\nlocation after the driver has taken possession of the hazardous material for the purpose\nof transportation is considered storage incidental to movement and is subject to the\nHMR (§ 171.l(c)(4)). Although no specific length of time is prescribed in the HMR, as\nspecified in § 177 .800( d), all shipments of hazardous materials, including explosives,\nbeing transported by motor vehicle (in this case, a pick-up truck) must be transported\nwithout unnecessary or undue delay, from and including the time of the start ofloading\nof the hazardous materials until its final unloading at the destination. (Also, for your\ninformation, see § 172.800 for security plans and applicability.)\n\n<<<PAGE 2>>>\n\nI hope this infonnation. Please contact this office should you have additional questions.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nMonday, January 09, 2012 3:31 PM\nDrakeford, Carolyn (PHMSA)\nFW: Letter of Interpretation\nHi Carolyn,\nF\\ick Chewning requested this e-mail be submitted as a formal letter of interpretation dunng his 1/9/11 HI\\!JIC phone call\n'Nith Adam Lucas.\nThanks,\n\\/ictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(202} 366-1035\nFrom: Rick Chewning [mailto:Rick.Chewninq(Cilperf.com]\nSent: Monday, January 09, 2012 1:24PM\nTo:INFOCNTR(PHMSA)\nSubject: Letter of Interpretation\nNeeded for this situation----Our company manufactures Class 1.4 oilfield explosives .. I need clarification on what is called\n\"IN TRANSIT''-----We have a skid of Class 1.4 explosives, correctly placarded, tarped ,and strapped to the flatbed of\nour pickup truck .. Can we load the truck the night before, for delivery the next day, as long as our truck is locked, the\nwarehouse is locked with an alarm system with ADT, and our facility ,GeoDynamics, has electronic -code specific-\nsecurity gates at all entrances. Our goal is to be compliant at all times. Your guidance on this matter will be greatly\nappreciated .. Thanks Rick ... 817-771-4740\n\n<<<PAGE 4>>>\n\nRef. No. 12-0013\nFrom: Rick Chewning [mailto:Rick.Chewning@perf.com]\nSent: Monday, January 09, 2012 1:24PM\nTo: INFOCNTR (PHMSA)\nSubject: Letter of Interpretation\nNeeded for this situation----Our company manufactures Class 1.4 oilfield explosives .. ! need clarification\non what is called \"IN TRANSIT\" -----We have a skid of Class 1.4 explosives, correctly placarded, tarped\n,and strapped to the flatbed of our pickup truck .. Can we load the truck the night before, for delivery\nthe next day, as long as our truck is locked, the warehouse is locked with an alarm system with ADT,\nand our facility ,GeoDynamics, has electronic -code specific -security gates at all entrances. Our goal is\nto be compliant at all times. Your guidance on this matter will be greatly appreciated .. Thanks Rick ... 817-\n771-4740","truncated":false,"body_characters":4532}