Interpretation Response #00-0203 ([Mr. Kenneth Ozard])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 10/26/2000

Company Name:

Individual Name: Mr. Kenneth Ozard

Location State: NJ Country: US

View the Interpretation Document

Response text:

October 26, 2000

Mr. Kenneth Ozard                       Reference. No. 00-0203
1275 Rock Avenue, Apt. MM3
North Plainfield, NJ 07060

Dear Mr. Ozard:

This is in response to your letter dated July 12, 2000, and subsequent telephone conversation with Eric Nelson of my staff concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask what DOT regulations apply to you when you transport amateur rocket propellants and related chemicals in your personal vehicle.

As specified in § 171.1, the HMR govern the safe transportation of hazardous materials in intrastate, interstate, and foreign commerce.  Federal hazardous materials transportation law, codified at 49 U.S.C. 5 1 01 et seq., defines "commerce" to mean “trade or transportation in the jurisdiction of the United States between a place in a state or a place outside of the state; or that affects trade or transportation between a place on a state and a place outside of the state.” 49 U.S.C. 5102(l).  Historically, we have considered commerce to include all private—that is, non-governmental—transportation of a hazardous material except for transportation in a personal vehicle for the personal use of an individual.

In your telephone conversation with Mr. Nelson, you stated that you are not a corporation or a not-for­-profit organization, you do not sell hazardous materials to other persons, and you do not offer hazardous materials to shipping or parcel companies or to the U. S. Postal Service. hi addition, you stated that you receive no compensation for supplying services for displays or for rocket components.  Therefore, shipments of hazardous materials transported by you in your private vehicle for non­commercial purposes are not subject to the HMR when on public or private roads.  However, if the purpose is commercial or if you offer hazardous materials for transportation to commercial carriers, the HMR apply.

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this Office.

Sincerely,

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

173.22

Regulation Sections