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Interpretation Response #12-0062 ([Duke Energy Corporation] [Mr. Charles (Chuck) S. Denny])

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

Interpretation Response Details

Response Publish Date:

Company Name: Duke Energy Corporation

Individual Name: Mr. Charles (Chuck) S. Denny

Location State: NC Country: US

View the Interpretation Document

Response text:

August 20, 2012

 

Charles (Chuck) S. Denny, CHMM
Duke Energy Corporation
DOT Hazardous Material SME
EHS Waste and Remediation

Reference No. 12-0062

Dear Mr. Denny:

This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR, Parts171-180) applicable to the transportation of a product called StatX that your company is considering using. In your letter, you state this product is transported under "UN0431, Articles, pyrotechnic, 1.4G, II, EX -2006100012," and would be issued to your crews who work with underground vault transformers. The product would be issued to each work vehicle, used to extinguish fires in cases of an emergency related to your crews" jobs, and could be transported for years without use. You ask whether the HMR is applicable to your product when it is transported.

The answer is yes. As specified in § 171.1, the HMR govern the transportation of hazardous materials in intrastate, interstate, and foreign commerce. The term "in commerce" means in furtherance of a commercial enterprise. As you note in your letter, the product would be utilized by work crews at a job site. A hazardous material that is transported to support a commercial enterprise, such as a job site, is fully subject to the HMR.

You also ask, if your product is in commerce, whether a shipping paper must be generated daily or can a permanent shipping paper be used. Section 172.201 (e) provides for the use of a permanent shipping paper when shipping the same material (same shipping name and identification number) for multiple shipments, instead of a separate shipping paper for each shipment made, if the carrier also retains a record of each shipment made, to include shipping name, identification number, quantity transported, and date of the shipment. Therefore, if you choose to use a permanent shipping paper instead of a shipping paper for each daily delivery, you must also retain copies of your delivery or billing receipts that include the shipping name, identification number, quantity transported, and date of shipment.

I hope this information is helpful. Please contact this office should you have additional questions.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

171.1

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
172.201 Preparation and retention of shipping papers