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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.


John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards

173.56, 173.63(b), 173.62

Regulation Sections

Section Subject
173.56 New explosives-definition and procedures for classification and approval
173.62 Specific packaging requirements for explosives
173.63 Packaging exceptions