Mr. Raymond K. Barwin — Hazardous Materials Safety Interpretation

Page 1: U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Research and special Program: Administratior OCT 1 1999 Mr. Raymond K. Barwin Ref. No. 99-0197 5537 37 Mile Rd. Romeo, Michigan 48065 Dear Mr. Barwin: This is in response to your letter dated July 9, 1999, concerning CE at 971-180, to the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to fireworks sold and transported for personal, non-commercial use. Under Federal hazardous materials transportation law (49 U.S.C. 5101 et seg.), the Secretary of Transportation has authority to promulgate regulations to protect the Nation against risks inherent in the transportation of hazardous materials in commerce. The HMR govern the transportation of hazardous materials in interstate, foreign, and intrastate commerce. The transportation of fireworks that are sold to customers for personal, non-commercial use and transported by such persons in their personal vehicles is not subject to the HMR.: Although such shipments are not subject to the HMR, they may be subject to certain state or local requirements. If you need further assistance on the HMR, please feel free to contact us at 1-800-467-4922. Sincerely, arme I. All Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 2Mr. Edward T. Mazzullo Twitty Director, Office of Hazardous 8171.1 Materials Standards 99-0197 US DOT/RSPA (DHM10) July 9, 1999 400 Seventh Street S.W. Washington, D.C. 20590 Dear Mr. Mazzullo: I am sending you a copy of a letter sent by you, to a Mr. John A. Conkling, on June 8, 1993, in which you state that fireworks that are sold to customers, (or made by hobbyists?) for personal, non-commercial, uses and transported by such persons in their personal vehicles are not subject to the HMR. I have called your department at 1-202-366-8553 and I was told that this letter is still binding. Could you please send me: (1) An updated letter stating the same, with current date. (2) Address the letter to me. (3) A phone number at your office or DOT information center, where someone can call to confirm that your letter is real. Most law enforcement officers are not aware of such a law. Also I have been told that as of October 1, 1998 all states must comply with the DOT, HMR, does that mean that the state laws regarding transporting • will now-be the same-as the HMR and if transporting fireworks for non- -. - commercial use the former State laws regarding transportation will not apply? I do understand that shipments may be subject to certain state or local requirements, like possession permits. Sincerely, Keyed KBum Raymond K. Barwin 5537 37 Mile Rd. Romeo Michigan 48065#

Page 3à sa U.S. Department of Transportation 40C Sevenin Steel 5 w Special Programs Research and Wasningion DC 20590 Administration JUN 8 i3s3 Executive Director Mr. John A. Conkling American Pyrotechnics Association P.O. Box 213 Chestertown,. MD 21620 * man Dear Mr. Conkling: -- -- This is in response to your letter dated April 2, 1993, concerning applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) the to fireworks sold and transported for personal, non-commercial use. Under the authority of the Hazardous Materials Transportation Act (HMIA), the Secretary of Transportation has authority to promulgate regulations to protect the Nation against risks inherent in the transportation of hazardous materials transportation of The regulations promulgated under the HMTA, the HMR, govern the intrastate commercial movements. hazardous materials in interstate, foreign, and certain Therefore, fireworks that are sold to customers for personal, non-commercial use and transportedugh such persons in their personal vehicles are not subject to the HMR. or local requirements. such shipments are not subject to the HMR, they may be subject to certain state If you need further assistance on the HMR, please feel free to contact us. Sincerely, ---- Edward I. Mazzullo Director, Cffice of Hazardous -- Materials Standards Enclosure#