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Interpretation Response #16-0034 ([Texas Machine Gun & Ordnance] [Mr. Sean Lindley])

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

Interpretation Response Details

Response Publish Date:

Company Name: Texas Machine Gun & Ordnance

Individual Name: Mr. Sean Lindley

Location State: TX Country: US

View the Interpretation Document

Response text:

June 20, 2016

Mr. Sean Lindley
Manager and Co-Owner
Texas Machine Gun & Ordnance
1610A Francis Street
Houston, TX  77004

Reference No. 16-0034

Dear Mr. Lindley:

This responds to your February 25, 2016 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You state that your company is a Type 20, Manufacturer of High-Explosives, Federal Explosives License (FEL) holder.  Specifically you request clarification of the applicability of the HMR to the transportation of explosives in the following situations: (1) for the exclusive purpose of conducting internal training; (2) for the private, recreational use by responsible persons on the FEL; and (3) for the transport of Blasting Caps and Fuse Assemblies, 1.4B, in a private motor vehicle operated on behalf of the company.

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.  Hazardous materials that are purchased and transported to support a commercial enterprise are subject to the HMR.  The transportation of explosives for the purpose of conducting internal company training is subject to the HMR because this activity is in support of a commercial enterprise.  The HMR also apply to the transport of Division 1.4B explosives in a private motor vehicle operated on behalf of the company.  Hazardous materials
that are sold for personal, non-commercial use and transported by such persons in their personal vehicles are not subject to the HMR.

I hope this information is helpful.  Please feel free to contact this Office if we can be of further assistance.

Sincerely,

Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division

171.1

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions