Interpretation Response #14-0077
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 27, 2014
Mr. Tassilo Baur
FX Training & Research
827 N. Hollywood Way, Suite 552
Burbank, CA 91505
Ref. No. 14-0077
Dear Mr. Baur:
This responds to your March 21, 2014 letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You describe a scenario in which pyrotechnics and/or explosive devices are transported by a commom or private carrier in quantities not requiring placarding to a location where they are to be used by person(s) in the entertainment industry (e.g., creating special effects in the production of a motion picture). These pyrotechnics and/or explosive devices meet the definition of hazardous material as Class 1 (explosive) material and specific examples include Division 1.4D (UN0289)(“detonating cords”), Division 1.4G (UN0431)(“pyrotechnic articles”), and Division 1.4S (UN0454)(“igniters’) materials. They are often subsequently transported on public roads by a person or company to a different location (e.g., another filming location, a temporary storage site). Based on the scenario described in your letter, your questions are paraphrased and answered below.
Q1. Do the HMR apply to the subsequent transport of the Class 1 (explosive) material by a person or company?
A1. Yes, the HMR apply to a person, as defined in § 171.8, that transports a hazardous material in commerce (see § 171.1). The above described activity of transport of the pyrotechnics and/or explosive devices by a person or company on public roads in support of a commercial enterprise is considered in commerce.
Q2. Is a person that is provided incorrect information about the applicability of the HMR and hazardous materials transport liable for penalties associated with noncompliance.
A2. Lack of awareness of HMR applicability is not a valid defense against any enforcement action. Under the HMR, any person performing transportation functions subject to the HMR must perform those functions in accordance with the applicable requirements. Moreover, the HMR require that persons performing a hazmat function must be properly trained to include general awareness and familiarity training on the HMR.
I hope this information is helpful. If you have further questions, please contact this office.
Chief, Standards Development Branch
Standards and Rulemaking Division'
|§ 171.22||Authorization and conditions for the use of international standards and regulations|