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Interpretation Response #08-0166


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

Interpretation Response Details

Response Publish Date: 07-09-2008
Company Name: Remington Arms Company, Inc.    Individual Name: Mr. Gregory D. Kehrli
Location state: NC    Country: US

View the Interpretation Document


Response text: July 9, 2008


Mr. Gregory D. Kehrli
Worldwide Transportation Manager
Remington Arms Company, Inc.
870 Remington Drive
Madison, NC 27025

Ref. No. 08-0166

Dear Mr. Kehrli:

This responds to your June 9, 2008 letter requesting clarification of the requirements for structural serviceability of containers and vehicles carrying Class 1 (explosive) materials on ships under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of the applicability of the requirements to Division 1.4S explosives under § 176.172 of the HMR.

It is your understanding that Division 1.4 explosives are not subject to the structural serviceability requirements under § 176.172(a)(2) based on the exception from the requirement to have a certification statement of structural serviceability accompany the shipment as provided in § 176.172(c). You indicate that your understanding is supported by language in the International Maritime Dangerous Goods Code (IMDG Code). 7.4.6.4.2 of the IMDG Code states that "freight containers and vehicles shall not be offered for the transport of goods of class 1 other than division 1.4 unless the container or the vehicle is structurally serviceable."

Your understanding is correct. It is the opinion of this Office that Division 1.4 explosives (including Division 1.4S explosives) are excepted from the structural serviceability requirements in accordance with § 176.172(c) of the HMR. According to § 176.172(c), "all shipments of Class 1 (explosive) materials except those in Division 1.4 (explosive) must be accompanied by a statement, which may appear on the shipping paper, certifying that the freight container or the vehicle is structurally serviceable as defined in paragraph (a)(2) of this section."

The intent of § 176.172(c) is to except Division 1.4 explosives from the structural serviceability requirements in the same manner as the IMDG Code. The language as written is unclear and could be interpreted to only except Division 1.4 explosives from the requirement for a certification statement to accompany the shipment. However, the

certification statement is not required because the containers or vehicles containing Division 1.4 explosives are not required to meet the structural serviceability requirements of
§ 176.172(a)(2). We will clarify this language in an upcoming rulemaking.

I hope this information is helpful.

Sincerely,

Susan Gorsky
Acting Chief, Standards Development
Office of Hazardous Materials Standards

176.172


Regulation Sections

Section Subject
§ 176.172 Structural serviceability of freight containers and vehicles carrying Class 1 (explosive) materials on ships