Interpretation Response #04-0180 ([Dyno Nobel, Inc.] [Mr. Pat Weber])

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

Interpretation Response Details

Response Publish Date: 08/30/2004

Company Name: Dyno Nobel, Inc.

Individual Name: Mr. Pat Weber

Location State: UT Country: US

View the Interpretation Document

Response text:

Aug 30, 2004

Mr. Pat Weber                Reference No. 04-0180
Dyno Nobel, Inc.
2650 Decker Lake Blvd., Suite 300
Salt Lake City, UT 84119

Dear Mr. Weber:

This responds to your e-mail requesting clarification of the shipping paper requirements for Class 1 materials under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Your questions are paraphrased and answered as follows:

Q1.     Does the net explosive mass meet the quantity/unit of measure requirement of 49
CFR 172.202(a)(5)?

Al.     Yes. The total quantity for a Class 1 material, as required by § 172.202(a)(5), is the net explosive mass.

Q2.     If the net explosive mass is in addition to the total quantity, does it need to be in the same unit of measure? Example: Detonator assemblies may have a gross mass of 35 pounds, yet the net explosive mass may be only 80 grams.

A2.     As stated above, the HMR require only the net explosive mass in the shipping description. If you chose to include both the gross mass and the net explosive mass in the shipping description, consistency in the units and standard of measure is preferred for clarity, but not required by the HMR.

In a recent letter of interpretation (copy enclosed), we stated that for an explosive that is an article, such as cartridges, small arms, the net mass of the article must be used to satisfy the requirement in § 172.202(a)(5)(i). We have proposed to change 49 CFR 172.202(a)(5) to clarify this. (See Docket HM-215G; 69 FR 34741.) Internationally, there is some concern that, at least for large explosive articles, the net explosive mass should be limited to the explosive component of the article. Until this issue is resolved through a change to the UN Recommendations, you may want to include both quantities in your descriptions of explosive articles.

Q3.     If there are multiple explosive products in a shipment—
   a) May an aggregate net explosive mass quantity be placed in one location on the shipping paper to cover all Class 1 entries, or

   b) May aggregate net explosive mass quantities be placed in respective locations for all “like products” (e.g. all Boosters), or

   c) Must a net explosive mass quantity be shown for each Class 1 entry on the shipping paper? Example: A shipment might contain both Explosives, blasting, type E, and Boosters, each described by its own proper shipping name. In addition, there might be different Type E explosives or different Boosters shipped with their own identifiers and different package net explosives masses.

A3.     The answer is “c”. Each shipping description on a shipping paper requires the total quantity of the hazardous material covered by that description.

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

Sincerely,

Edward T. Mazzullo
Director, Office of Hazardous Materials Standards

Enclosure

172.202(a)(5)

Regulation Sections