Interpretation Response #11-0066 ([Boyle Transportation] [Mr. Rick Araniz])

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

Interpretation Response Details

Response Publish Date: 08/05/2011

Company Name: Boyle Transportation

Individual Name: Mr. Rick Araniz

Location State: MA Country: US

View the Interpretation Document

Response text:

August 5, 2011

Mr. Rick Araniz

Director of Operations

Central & Western Area

Boyle Transportation

15 Riverhurst Road

Billerica, MA 01821

Ref. No.: 11-0066

Dear Mr. Araniz:

This responds to your e-mail dated March 17, 2011, regarding the placarding exceptions for Division 1.4 explosives having different compatibility groups under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked, for an explosive described as "UN0012, Cartridges, small arms, 1.4S, PG II," if your understanding is correct that the gross weight of 1.4S explosives (that are not required to be labeled) should not be added to the gross weight of other 1.4 explosives in determining the applicability of 1,001 pound, Table II, placarding exception.

Your understanding is correct. In accordance with §172.504(f)(6), the EXPLOSIVE 1.4 placard is not required for those Division 1.4 Compatibility Group S (1.4S) materials that are not required to be labeled 1.4S. The Division 1.4S explosive label is not prescribed in "Column 6" of the §172.101 Hazardous Materials Table for the entry "UN0012, Cartridges, small arms,

1.4S, PG II." In the event of a mixed load of 1.4 explosives of differing Compatibility Groups, the amount of 1.4S materials using the exception in §172.504 (f)(6) are not required to be included in the aggregate gross weight determination prescribed in §172.504(c). As in your example, if a shipment contains 1,587 lbs of "UN0012, Cartridges, small arms, 1.4S, PG II" and 846 lbs of "UN0338, Cartridges, small arms, Blank, 1.4C, PG II", the shipment is not required to be placarded because the 1,587 lbs of 1.4S material is not required to be included in the aggregate gross weight referenced in §172.504(c).

For your information, under 49 C.F.R. § 173.63(b)(1), "[c]artridges, small arms and cartridges, power devices (which are used to project fastening devices) which have been classed as a

Division 1.4S explosive may be reclassed, offered for transportation, and transported as ORM-D material when packaged in accordance with [§173.63(b)(2)]." Such transportation is excepted from labeling and placarding.

I hope this information is helpful. If we can be of further assistance, please contact us.

Sincerely

Ben Supko

Chief, Standards Development

Standards and Rulemaking Division

172.504, 173.63

Regulation Sections