Interpretation Response #99-0232 ([Argonne National Laboratory] [Mr. Rudolph Bouie])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Argonne National Laboratory
Individual Name: Mr. Rudolph Bouie
Location State: IL Country: US
View the Interpretation Document
Response text:
September 13, 1999
Mr. Rudolph Bouie Ref. No. 99-0232
Acting Chief Operations Officer
Argonne National Laboratory
970 South Cass Avenue
Argonne, Illinois 60439
Dear Mr. Bouie:
This responds to your letter of August 11, 1999, concerning the definition of “transportation” under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you seek guidance for determining when a hazardous material has completed transportation and is no longer subject to the HMR. You describe a scenario in which packages of hazardous materials are delivered to your facility, unloaded from a carrier's transport vehicle, and stored temporarily in a warehouse prior to distribution to other locations within your facility.
“Transportation,” as defined in § 5102 of the Federal hazardous materials transportation law (49 U. S.C. 5101-5127), means the movement of property and loading, unloading, or storage incidental to the movement. You are correct that hazardous materials transportation ends once a consignee takes physical delivery of the hazardous material from the carrier. After delivery, storage of hazardous material at a consignee facility is not “storage incidental to the movement” within the meaning of the Federal hazardous materials transportation law; thus, the HMR do not apply to such storage. Similarly, intra-plant movement of hazardous materials that takes place within a contiguous plant boundary is not subject to HMR. However, intra-plant movement that utilizes or crosses a public road is subject to the HMR during that portion of the movement.
I hope this information is helpful. We will provide a copy of this letter to the Federal Highway Administration. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
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