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Interpretation Response #09-0061 ([Thompson Hine LLP] [Mr. David M. Schwartz])

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

Interpretation Response Details

Response Publish Date:

Company Name: Thompson Hine LLP

Individual Name: Mr. David M. Schwartz

Location State: DC Country: US

View the Interpretation Document

Response text:

June 9, 2009

 

 

Mr. David M. Schwartz

Counsel to TK Holdings, Inc.

Thompson Hine LLP

1920 N Street, NW, Suite 800

Washington, DC 20036

Ref. No. 09-0061

Dear Mr. Schwartz:

This responds to your March 19, 2009 letter submitted on behalf of your client, TK Holdings, Inc., concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the transportation of an unapproved explosive for developmental testing. Specifically, you ask for clarification of the meaning of the term "explosives testing range" as used in § 173.56(e) of the HMR.

According to your letter, TK Holdings manufactures air bag inflators at one facility and intends to transport them as an unapproved explosive to another facility for developmental testing. The unapproved airbag inflators will be offered for transportation in conformance with all applicable HMR requirements for Division 1.1 explosives, transported in a motor vehicle operated by an employee of TK Holdings, and accompanied by a person who is qualified to handle them. Once developmental testing is successfully completed, the airbag inflators will be transported to an authorized testing and examination agency under the procedures specified in § 173.56(d).

You are correct that the HMR do not specifically define "explosive testing range." The term refers to a location or facility where an explosive may safely be tested to determine its explosive properties and appropriate classification. It is the opinion of this Office that the testing facility you describe in your letter is an "explosive testing range" as that term is used in § 173.56(e).

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards



173.56(e)

Regulation Sections

Section Subject
173.56 New explosives-definition and procedures for classification and approval