PHMSA Response Letter

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October 19, 2009

Mr. David W. Boston
President
Owen Compliance Services, Inc.
PO Box 765
12001 County Road 1000
Godley, TX 76044-0765

Ref. No. 09-0200

Dear Mr. Boston:

This is in response to your August 26, 2009 e-mail to this agency concerning a miscellaneous final rule we issued under Docket No. PHMSA-2005-21812 (HM-218D) (01/28/08; 73 FR 4699) that revised requirements for packaging explosive materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You note that on page 4717, in the § 173.62(c) Table of Packing Methods, column 3 of the final rule we amended the HMR to add UN 4H1 expanded plastic boxes as authorized packagings under Packing Method 134. You also note in your e-mail that while this amendment is reflected in the current HMR, the Government Printing Office (GPO) appears to have removed UN 4G fiberboard boxes as authorized packagings from the same list without instruction to do so. You ask if the removal of UN 4G fiberboard boxes from the list of authorized packagings was inadvertent and, if so, are they authorized for continued use under Packing Method 134.

The answer to both of your questions is yes. Continued use of a UN 4G fiberboard box under Packing Method 134 remains authorized. We corrected this inadvertent error in a recent rulemaking; see enclosure.

Thank you for bringing this matter to our attention. I hope this clarification is helpful.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

Enclosure

173.62