Interpretation Response #07-0044 ([western Kentucky University] [Mr. Christopher J. Widman])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: western Kentucky University
Individual Name: Mr. Christopher J. Widman
Location State: AL Country: US
View the Interpretation Document
Response text:
Jul 27, 2007
Mr. Christopher J. Widman Reference No. 07-0044
ATK Alliant Techsystems
5050 Lincoln Drive
Edina, MN 55436-1097
Dear Mr. Widman:
This is in response to your February 12, 2007 letter and your February 20, 2007 follow- up letter requesting clarification of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) related to the classification of "Cartridges, power device, 1.4S, UN0323."
Your questions are paraphrased and answered as follows:
Q1. Is a manufacturer of a "Cartridges, power device" (used to project fastening devices) allowed to classify the device as meeting the definition of a Division 1.4S explosive without examination and DOT approval?
Al. No. A manufacturer is not allowed to classify a "Cartridges, power device (used to project fastening devices)" as meeting the definition of a Division 1.4S explosive without prior examination, classification, and approval in accordance with § 173.56. The examination (performed by a person or agency approved by DOT) and recommended classification assignment of a new explosive must be performed in accordance with the tests and criteria prescribed in § 173.52, 173.57, and 173.58. The person requesting approval of a new explosive must submit a request, including a copy of the report of the examination and assignment of a recommended classification (i.e., shipping description, division, and compatibility group) to the Associate Administrator, PHMSA. If the approval request meets the criteria in the HMR, the Associate Administrator will issue a written approval assigning an EX number to the new explosive.
Q2. Does the language in § 173.63(b), "cartridges, small arms, and cartridges power devices (which are used to project fastening devices) which have been classed as a Division 1.4S explosive," refer to devices that have been examined and approved by DOT?
A2. The "cartridges, power devices" in the referenced paragraph refers to those cartridges that have been examined and approved under the HMR (see Al). You should be aware that only "cartridges, power devices (which are used to project fastening devices)" qualify for reclassification as "ORM-D."
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
173.56, 173.63(b), 173.62