{"operation":"document","citation":"13-0144","title":"Mr. Lucien DiMeo — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-08-30","effective_on":null,"summary":"13-0144 concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0144.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0144.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0144","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130144.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nAUG 2 9 2013\nMr. Lucien DiMeo\n3 7 Birchbank Road\nShelton, CT 06484\nRef. No. 13-0144\nDear Mr. DiMeo:\nThis is in response to your letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR 171-180) applicable to the non-commercial transportation of\ndisplay fireworks. Specifically, you ask whether such transportation by you is subject to the\nHMR.\nThe answer is no. As provided by § 171.1 (d)( 6), the transportation of a hazardous material by\nan individual for non-commercial purposes in a private motor vehicle, including a leased or\nrented motor vehicle, is not subject to the HMR.\nI trust this information is helpful. Please contact us if you require further assistance.\nSincerely,\n!2td14o'\nD /1. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nLucien DiMeo\n3 7 Birchbank Road\nShelton, CT 06484\n203-943-0054\n51-evens\n~ 171· I\n14 pp ;,·ca b1 .,, !y\n/3-!Jit/i\n7110113\nDear Sir,\nI currently have a BATFE #54 User of Firework (display) permit. This letter is a request for\nclarification for transportation of the firewQrks. I pick up the 1.3 display fireworks for my\npersonal noncommercial permitted show once a year. I use a personal vehicle to pick up and\ntransport them. I believe that HMR 49 CFR 171-180 does not apply to me per article 107 1 d.\nI have a letter from the USDOT dated June of 1998 addressed to the American Pyrotechnics\nAssociation, citing that \"fireworks that are sold to customers for personal, non-commercial use\nand transported by such persons are not subject to the HMR. It would be very helpful to me if I\nhad current verification from the office of Hazardous Material Standards regarding this. If I was\nto be pulled over by any state trooper, I would like something more current, addressed to me, in\nwriting which would verify my interpretation ofHMR 49 CFR 171-180.\nIn speaking with the State of Connecticut office of the Fire Marshall, they are unaware of any\nspecial state or local requirements pertaining to transportation, other than that of the USDOT. I\nalso am in possession of an email received this year from Arthur Fleener of the DOT agreeing\nwith my interpretation but unfortunately it is not specific as to the type of firework nor that the\ntransportation would be intrastate and if there was any need for escorts over bridges .I would\ngreatly appreciate a letter or email addressing these concerns.\nI may be sharing your response to my letter with any state and local officials that may be affected\nby my trip route. Thank you for looking into this for me.\nSincerely,\nLucien DiMeo","truncated":false,"body_characters":2757}