From:                              crackerjacks-bounces+dgs=accelix.net@kclo3.com on behalf of Mike Baglini [mikebaglini@yahoo.com]

Sent:                               Monday, June 15, 2009 9:16 PM

To:                                   Dave Stoddard

Subject:                          [crackerjacks] Fw: RE: Explosives Transportation Question - PGI

Attachments:                 ATT00391.txt

 

John Sagaria,

 

This answers your DOT question about transportation...  Print it and store it in your glove box.

 

Mike

--- On Mon, 6/15/09, arthur.fleener@dot.gov <arthur.fleener@dot.gov> wrote:


From: arthur.fleener@dot.gov <arthur.fleener@dot.gov>
Subject: RE: Explosives Transportation Question - PGI
To: mikebaglini@yahoo.com
Date: Monday, June 15, 2009, 5:25 AM

Mike

 

If you are not in commerce, and this is a hobby, then you are correct that you are not subject to the USDOT requirements.

 

I shoot black powder rifles.  I am leaving this week to shoot in the nationals.  Black powder is a 1.1D explosives.  However, since I am doing this as a hobby, I am not subject to the USDOT regs.

 

Hope this helps.

 

Good luck and have fun.

 

art

 

Arthur L. Fleener
United States Department of Transportation
State Programs Manager
105 6th St.
Ames, Iowa 50010
515-233-7410
fax 515-233-7494

 

 


From: Mike Baglini [mailto:mikebaglini@yahoo.com]
Sent: Friday, June 12, 2009 10:52 AM
To: Fleener, Arthur (FMCSA)
Subject: Explosives Transportation Question - PGI

Greetings Sir,

 

I am a member of the Crackerjacks and PGI organizations.  I've recently completed a review of the FMCSA Explosives transportation presentation that had you listed as a POC for questions.

 

I have a question concerning transporting "explosive devices".

 

My understanding is that if a hobbyist manufactures a home made firework it is considered an "explosive device" which is classified as "1.3g Display Fireworks".  For the sake of this question, the scenario is as follows:

 

I have a need to transport home made fireworks, (aerial shells from 6" to 12" diameter) totaling in excess of 50lbs from the magazine in which they are stored, to a site that has a permit for a display firework show.  The explosive devices will be stored in the trunk of my personal automobile and I, the possessor/owner will be driving along public roadways to get to the destination.

 

My understanding is that since I am not in commerce (not selling, trading, or providing to another person), and these are for my usage only, then I am exempt from 49 CFR 171.1 regulations concerning transporting, DOT placarding, DOT permitting and DOT licensing.  In simple terms, from a DOT perspective, for the reasons described above, I can store the material in the trunk of my car, or in the back of my pickup truck and legally drive to my destination across public roadways, just as if I was going to the grocery store, and not violate DOT regulations.  No special device marking (UN Number markings), device labeling (1.3g labeling), placarding, permitting or licensing is necessary.

 

Please confirm my understanding, or provide clarification on the scenario of a hobbyist who manufacturers explosive devices (display fireworks) and transports in their personal automobile across public roadways, for their personal use.

 

Regards,

 

Mike Baglini