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Interpretation Response #10-0099 ([Sporting Arms & Ammunition Manufacturers Institute, Inc.] [Mr. Rick Patterson])

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

Interpretation Response Details

Response Publish Date:

Company Name: Sporting Arms & Ammunition Manufacturers Institute, Inc.

Individual Name: Mr. Rick Patterson

Location State: CT Country: US

View the Interpretation Document

Response text:

June 16, 2010

 

 

 

Mr. Rick Patterson

Managing Director

Sporting Arms & Ammunition Manufacturers Institute, Inc.

Flintlock Ridge Office Center

11 Mile Hill Road

Newtown, CT 06470-2359

Ref. No. 10-0099

Dear Mr. Patterson:

This responds to your April 28, 2010 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask PHMSA to clarify that only shipments of Division 1.4 materials requiring placards are subject to security plans and that any load not requiring placards, whether or not it is permissively placarded, is not subject to the security plan requirements.

You indicate that PHMSA's intent has been to require security plans for shipments requiring placarding under part 172, subpart F. However, in the recently published final rule, HM-232F, (75 FR 10974; March 9, 2010), the revised security plan applicability requirement states, "A quantity of a Division 1.4, 1.5, or 1.6 material requiring placarding in accordance with § 172.504(c)" (75 FR 10989). You are concerned that this reference to § 172.504(c), narrowed from the previous "subpart F", could be reversely interpreted to exclude other placarding exceptions, e.g.,

§ 172.504(f)(6).

It was our intent that the security plan requirements for Division 1.4, 1.5, and 1.6 explosives continue to apply as they did prior to publication of the HM-232F, final rule. In the preamble we say, "the security planning requirement will apply, as it does now, to all Division 1.4 explosives

transported in quantities that require placarding under Subpart F of Part 172 of the HMR." (75 FR 10979). The reference to § 172.504(c) in § 172.800(b)(2) of the final rule is a drafting error. The error will be corrected in a future rulemaking.

I hope this answers your inquiry. If you need additional assistance, please contact this Office.

Sincerely,

Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

172.504(f)(6), 172.800

Regulation Sections

Section Subject
172.502 Prohibited and permissive placarding