{"operation":"document","citation":"14-0077","title":"FX Training & Research — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-05-27","effective_on":null,"summary":"14-0077 response to FX Training & Research concerning 171.22, 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0077.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0077.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0077","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140077.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\nMAY 2 7 2014\nMr. Tassilo Baur\nFX Training & Research\n827 N. Hollywood Way, Suite 552\nBurbank, CA 91505\nRef. No. 14-0077\nDear Mr. Baur:\nThis responds to your March 21, 2014 letter requesting clarification of the applicability of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You describe a\nscenario in which pyrotechnics and/or explosive devices are transported by a commom or\nprivate carrier in quantities not requiring placarding to a location where they are to be used\nby person(s) in the entertainment industry (e.g., creating special efiects in the production of\na motion picture). These pyrotechnics and/or explosive devices meet the definition of\nhazardous material as Class 1 (explosive) material and specific examples include Division\n1.4D (UN0289)(\"detonating cords\"), Division 1.4G (UN0431)(\"pyrotechnic articles\"), and\nDivision 1.4S (UN0454)(\"igniters') materials. They are often subsequently transported on\npublic roads by a person or company to a different location (e.g., another filming location, a\ntemporary storage site). Based on the scenario described in your letter, your questions are\nparaphrased and answered below.\nQl. Do the HMR apply to the subsequent transport ofthe Class 1 (explosive) material\nby a person or company?\nAl. Yes, the HMR apply to a person, as defined in§ 171.8, that transpmis a hazardous\nmaterial in commerce (see § 171.1 ). The above described activity of transport of the\npyrotechnics and/or explosive devices by a person or company on public roads in\nsupport of a commercial enterprise is considered in commerce.\nQ2. Is a person that is provided incorrect information about the applicability of the\nHMR and hazardous materials transport liable for penalties associated with\nnoncompliance.\nA2. Lack of awareness of HMR applicability is not a valid defense against any\nenforcement action. Under the HMR, any person performing transportation functions\nsubject to the HMR must perform those functions in accordance with the applicable\nrequirements. Moreover, the HMR require that persons performing a hazmat function\nmust be properly trained to include general awareness and familiarity training on the\nHMR.\n\n<<<PAGE 2>>>\n\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n'be r K ,·noeren\nTRAINING& ~,,, .. 1\n:t~\nRESEARCH ~~lp1icai01'J,fj\n•\n. (t../ -DD'11\n827 N. Hollywood Way Suite 552, Burbank, CA 91505 USA\nMarch 21, 2014\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nDear DOT,\nI give courses in the DOT regulations, and was trained at DOT's Transportation Safety\nInstitute. During my training there, I was taught that the Hazardous Material\nRegulations/HMR apply to the scenario below. Since then, I've repeatedly come in contact\nwith people in the entertainment industry who have been told it does not, so I'm writing you\nfor an interpretation.\nHere is the scenario:\nA person(s) or production company engaged in for-profit production of entertainment for\nmotion picture, television, stage, print, Internet, etc. purposes orders pyrotechnics or\nexplosives for purposes of creating special effects. These materials meet the definition of Class\n1 under DOT regulations, and might include the following: UN0454 Igniters; UN0456\nDetonators, electric; UN0431 & UN0432 Articles, pyrotechnic; UNo289 Cord, detonating; all\nin amounts which do not require placarding. The materials are delivered to a venue or shooting\nlocation by either a common carrier (such as FedEx) or a private carrier.\nThe person(s) or production company themselves then subsequently transports these\nmaterials, in whole or in part, on public roads to another venue, shooting location, studio,\nstorage area, etc.\nQuestion 1): Would the requirements ofthe HMR, most probably including packaging,\nmarking, labeling, shipping papers, emergency response information, training, etc. apply to the\nlatter transportation i.e. the subsequent transportation from one shooting location to another,\netc.?\nQuestion 2): Would person(s) or production company which had been told incorrect\ninformation and erroneously believed that the HMR did not apply when in fact, it did,\nnonetheless be liable for any fines or penalties incurred via violations of the HMR?\nWith thanks in advance for your response,\nSincerely,\nPage 1 of1","truncated":false,"body_characters":4640}