Interpretation Response #01-0116 ([Danny Shelton])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Danny Shelton
Location State: IL Country: US
View the Interpretation Document
Response text:
Date: Jul 19, 2001 Reply to Attn of Ref. No. 01-0116
Subject: INFORMATION: Response to Request for Interpretation
From: Edward T. Mazzullo, Director
Office of Hazardous Materials (OHM-I 0)
To: Olympia Fields, IL (MC-EFM-SV)
c/o Danny Shelton, Hazardous Materials Division
This is in response to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171.180) as they relate to a case under investigation by the Chicago Office of the Inspector General involving storage tanks that were used in the processing of explosives.
The HMR do not apply to the transport of a hazardous material by a government or military entity in vehicles operated by government or military personnel solely for non-commercial purposes. However, if the purpose is commercial or if the government or military entity offers a hazardous material for transportation to a commercial carrier, then all applicable HMR requirements apply. It is our understanding that the storage tanks described in your memo were transported by a commercial carrier under contract to the U.S. Army. Thus, the transportation must be performed in conformance with all applicable HMR requirements.
An explosive may not be transported unless it has been tested, classed, and approved by the Associate Administrator for Hazardous Materials Safety, the Department of Defense, or the Department of Energy. Further, reports of explosives approved by the Department of Defense or the Department of Energy must be filed with and a written acknowledgment received from the Associate Administrator prior to such explosive being offered for transportation (see § 173.5 I). The storage tanks described in your memo that are contaminated with an explosive residue must be approved in accordance with the procedures specified in § 173.56 of the HMR before they may be transported (see § 173.29). An approval would be issued specifying appropriate packaging and other requirements consistent with the explosive hazard associated with the storage tanks. Failure to obtain an approval prior to transporting an explosive could subject the shipper and the carrier to civil or criminal penalties.
I hope this information is helpful. If you have further question, please to not hesitate to contact this Office.
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173.62
Regulation Sections
| Section | Subject |
|---|---|
| 173.62 | Specific packaging requirements for explosives |