Interpretation Response #04-0235 ([PRK Drilling & Blasting, Inc.] [Mr. Christopher A. McCabe])

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

Interpretation Response Details

Response Publish Date: 01/14/2005

Company Name: PRK Drilling & Blasting, Inc.

Individual Name: Mr. Christopher A. McCabe

Location State: VA Country: US

View the Interpretation Document

Response text:

Jan 14, 2005

Mr. Christopher A. McCabe                 Reference No. 04-0235
Safety Director
PRK Drilling & Blasting, Inc.
115 Angels Way
Winchester, VA 22603

Dear Mr. McCabe:

This responds to your letter dated October 5, 2004, regarding the requirements for entering the total quantity for explosives on a shipping paper in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). A shipping paper you currently use was enclosed for our review.

PRK Drilling & Blasting, Inc. (PRK) has between five and 7 blasters picking up explosives from its explosive storage area and transporting them to various job sites, daily. The blasters carry between one and 500 blasting caps. PRK accounts for these blasting caps by “piece” on the shipping paper. Recently, you have been made aware that for explosives the shipping paper must now contain the “net explosive mass.”

You suggest that the unit of measurement used should be “piece” instead of “net explosive mass.” Your concern is that an. inspector may find that many of the blaster tabulations are incorrect and leave the company open to numerous violations and enforcement actions. Specifically, you ask if you may continue to use the enclosed shipping paper for your company’s daily shipments, with the total quantity of the blasting caps entered by “piece.”

The answer is no. In accordance with §172.202(a)(5)(i), for a Class 1 (explosive) material, such as “Detonator Assemblies, non-electric, 1.4B, UN0361, II,” the quantity for these blasting caps must be shown on the shipping paper as “net explosive mass.” Thus, the shipping paper you enclosed showing the quantity as “piece” for these blasting caps is unacceptable and may not be used. For an explosive that is an article, such as blasting caps, it is our determination that the net mass of the article must be used to satisfy the total quantity requirement in 172.202(a)(5)(i). For you information, on December 20, 2004, a final rule was published in the Federal Register (69 FR 76044; Docket HM-215G) which clarified the shipping paper requirements in §172.202(a)(5)(i) of the HMR. Thus, for an explosive that is an article, the entry on the shipping paper must be the net mass of the explosive article or the explosive substance contained in the article similar to a provision in the United Nations Model Regulations on the Transport of Dangerous Goods.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,
Chief, Standards Development
Office of Hazardous Materials Standards

172.202(a)(5)(i)

Regulation Sections