Interpretation Response #09-0200 ([Owen Compliance Services, Inc.] [Mr. David W. Boston])

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

Interpretation Response Details

Response Publish Date: 10/19/2009

Company Name: Owen Compliance Services, Inc.

Individual Name: Mr. David W. Boston

Location State: TX Country: US

View the Interpretation Document

Response text:

October 19, 2009

Mr. David W. Boston

President

Owen Compliance Services, Inc.

PO Box 765

12001 County Road 1000

Godley, TX 76044-0765

Ref. No. 09-0200

Dear Mr. Boston:

This is in response to your August 26, 2009 e-mail to this agency concerning a miscellaneous final rule we issued under Docket No. PHMSA-2005-21812 (HM-218D) (01/28/08; 73 FR 4699) that revised requirements for packaging explosive materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You note that on page 4717, in the § 173.62(c) Table of Packing Methods, column 3 of the final rule we amended the HMR to add UN 4H1 expanded plastic boxes as authorized packagings under Packing Method 134. You also note in your e-mail that while this amendment is reflected in the current HMR, the Government Printing Office (GPO) appears to have removed UN 4G fiberboard boxes as authorized packagings from the same list without instruction to do so. You ask if the removal of UN 4G fiberboard boxes from the list of authorized packagings was inadvertent and, if so, are they authorized for continued use under Packing Method 134.

The answer to both of your questions is yes. Continued use of a UN 4G fiberboard box under Packing Method 134 remains authorized. We corrected this inadvertent error in a recent rulemaking; see enclosure.

Thank you for bringing this matter to our attention. I hope this clarification is helpful.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

Enclosure

173.62

Regulation Sections