{"operation":"document","citation":"98-0285","title":"5th Ohio Light Artillery, Ltd. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-04-07","effective_on":null,"summary":"98-0285 response to 5th Ohio Light Artillery, Ltd. concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0285.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0285.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0285","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980285.pdf","body":"<<<PAGE 1>>>\n\n-\n400 Seventh Street, S.W\nNashington. D.C\n20590\nResearch and\nSpecial Programs\nAdministration\nAPR - 7 2004\nMr. Robert R. Chaney, PE\nRef. No: 98-0285\n5th Ohio Light Artillery, Ltd.\n870 Carpenter Road\nLoveland, Ohio 45140\nDear Mr. Chaney:\nThis is in response to your letter and subsequent telephone conversation with Diane LaValle, of my\nstaff, regarding the transportation of black powder for a not-for-profit educational organization which\nputs on displays that include firing of antique Civil War Muzzle loading pistols, rifles, mortars and\ncannons for historical and cultural purposes. You state that you transport between 400 and 600\npounds of black powder a year which is classed as Division 1.1 explosives and Division 4.1 flammable\nsolid materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask\nwhether such transportation is covered by the HMR. I apologize for the delay in responding.\nThe answer is yes. As provided by § 171.1, the HMR govern the safe transportation of hazardous\nmaterials in commerce. The fact that your organization is not-for-profit is not relevant in this scenario.\nIf you need further clarification please call our Hazardous Materials Information Center toll free on 800\n467-4922. I hope this information is helpful.\nSincerely,\nDelmer F. Billings\nChief. Standards Development\nOffice of Hazardous Materials Standards\n980285\n111.\n\n<<<PAGE 2>>>\n\ndarim\nAssociate Administrator for Hazardous Materials Safety\nResearch and Special Programs Administration\n8171.1\nU.S. Department of Transportation\n400 7th Street, SW.\n98-0285\nWashington, D.C. 20590-0001\nAttention DHM-31\nRe: Non commercial transportation of Hazardous Material (Black Powder - Class 1)\nfor antique firearms and antique devices.\nSeptember 15, 1998\nDear Sir:\nI am the statutory agent and a non-paid volunteer for an Ohio incorporated not-for-profit IRS\napproved 401(c)3 educational organization chartered as the 5th Ohio Light Artillery, Ltd. All the\n\"members\" are non compensated volunteers who receive no tangible benefits.\nWe highway transport and use between 400 and 600 pounds of black powder (Division 1.1 & 4.1)\na year in conjunction with the firing of antique Civil War muzzle loading pistols, rifles, mortars\nand cannons for historical and cultural purposes. We currently transport no more than 50 pounds\nof black powder per vehicle but would like to increase that amount for local events. We use\ncars, vans and/or pickup trucks rated less than 10,000 GVWR. We use flat bed trailers of less\nthan 10,000 GVWR to transport the cannons. Not all of our people have a CDL with Hazmat\nendorsement. Please see attached letters. Note that the organizations who sponsor the events\nare also nonprofit charitable organizations.\nSome of our black powder (1Fg thru 4Fg) is packaged in accordance with US DOT-E 8958 (10th\nrev.) or made into cannon bore size \"blank cartridges\" of a 3-inch diameter by our group. For\ntransportation and use in the cannon the blank cartridges have a outer covering of 6 layers of\nheavy duty aluminum foil formed into a cylindrical shape, each containing not more than 12 oz. of\nblack powder. We use a blank cartridge assembly procedure approved by the American Artillery\nAssociation and the State of Massachusetts for the blank cannon cartridges. The outer transport\npackaging is a GOEX or Elephant (Petro-Explo) brand fiberboard box containing not more than\n25 inner packages per box. A few times a year we need to transport more than 50 pounds of\nGOEX or Elephant (Petro-Explo) brand black powder (1Fa thru 4Fa and 1Fg thru 4Fg) while it is\nin the original packaging. This packaging consists basically of 25 pounds of black powder in 1\nbound metal cans or 25 pounds in a heavy wall conductive plastic receptacle in a fiberboard bo»\nfurnished by the original supplier. We do not transport mixed loads of hazardous materials o1\ncarry flares or fusees in the same motor vehicle. We carry 10 B:C fire extinguishers, MSDS's,\nATF licenses, FMCSR Part 397, ERG, travel in groups with CB radios, and watch for route\nrestrictions for hazardous material.\n\n<<<PAGE 3>>>\n\nI have received inconsistent opinions from State and local transportation enforcement agencies as\nto the applicability of various transportation regulations to our group's transportation of black\npowder to and from Civil War reenactments and educational demonstrations.\nenforcement and EMS personnel. It is easy to visually determine that the cannons have been fired\nWhen we travel to events with our cannons on open trailers, we attract the attention of local law\nfar as possible and to document the perceived problem area of black powder transportation before\nwith black powder and we are transporting some sort of explosive powder. We wish to resolve as\nwe are detained somewhere and our black powder confiscated unnecessarily.\nWe feel that we are in compliance with Bureau of Alcohol, Tobacco, and Firearms storage\nregulations since the local ATF agent inspects my licensed bunker and explosive records yearly\nwithout any complaints. The ATF cited regulations that point out that the storage requirements\ntor black powder in amounts more than 50 Ibs. apply to all users of explosives. My ATF licenses\na local fireworks manufacturer and from out of state dealers who ship up to 100 pounds by a\nas well as my Ohio Fireworks Exhibitor license are current. The black powder is purchased from\nsingle UPS truck.\nWe have had the same $2,000,000.00 general liability club policy for the past five years. There\nhave been no accidents nor claims against our group. Our agency is the Ries Insurance Agency\n(Telephone Number 513-984-5565).\nIs the transportation by us of black powder as described above an activity regulated by the US\ntransportation across state lines affect regulation of our activity? Can we placard the motor\nDOT? What specific rules (sections) of 49CFR would be applicable to us? Does highway\nvehicle with \"Class 1\" or \"Dangerous\" placards even if we are not regulated by US DOT?\nIf we are not regulated, we will still endeavor to comply with commercial transportation\nregulations for safety reasons and to reduce our liability.\nSincerely yours,\nRbutR. Chanes\nSth Ohio Light Artillery, Ltd\nRobert R. Chaney, PE\n870 Carpenter Road\nLoveland, Ohio 45140\nTel: (513) 683-1627\nE-mail: Robert. Chaney@UCEdu\ncc: Miami Township Police Department\nAttn: Police Chief Steven Bailey\n5900 McPicken Drive\nMilford, Ohio 45150\nEnc:","truncated":false,"body_characters":6446}