Interpretation Response #12-0045 ([DG Advisor, LLC] [Mr. Ben Barrett])

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

Interpretation Response Details

Response Publish Date: 04/24/2012

Company Name: DG Advisor, LLC

Individual Name: Mr. Ben Barrett

Location State: MO Country: US

View the Interpretation Document

Response text:

April 24, 2012

Mr. Ben Barrett
DG Advisor, LLC
1930 E. Blue Ridge Blvd.,
Kansas City, MO 64146

Ref. No. 12-0045

Dear Mr. Barrett:

This responds to your February 1, 2012 letter regarding overpack requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your letter, the following Division 1.4S and Division 4.1 products, respectively, are prepared and packaged in single or combination packagings in accordance with the HMR: (1) "Cartridges, small arms, UN0012," "Cartridges, small arms, blank, UN0014," "Cases, cartridge, empty with primer, UN0055," and "Primers, cap type, UN0044;" and (2) "Black powder for small arms, NA0027" and "Smokeless powder for small arms, NA3178." Specifically, you ask whether, for motor vehicle transport, these materials along with non-hazardous material may be consolidated in an overpack. Additionally, you request confirmation that the quantity limit for the black powder and smokeless powder is 100 pounds net mass each and not a combined amount.

With regard to your first request, the answer is yes, provided the mixed packaging requirements of § 173.61(a) are met. Section 173.61(a) prohibits the packing of an explosive with a material that could adversely impact the explosive or its packaging under normal transportation conditions. Otherwise, there are no further restrictions under the general transportation requirements of the HMR. With regard to your second request, your understanding of the limits on transporting black powder and smokeless powder is correct. The total quantity authorized in one motor vehicle, for example, is 100 pounds net mass each and not a combined amount. See §§ 173.170 and 173.171.

I hope this information is helpful. If you have further questions, please contact this office.

Sincerely,

Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

173.61(a), 173.170, 173.171

Regulation Sections