Interpretation Response #12-0100 ([Hilti North America] [Mr. Brandon Kapple])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Hilti North America
Individual Name: Mr. Brandon Kapple
Location State: OK Country: US
View the Interpretation Document
Response text:
August 22, 2012
Mr. Brandon Kapple
Logistics Specialist
Hilti North America
5400 South 122nd East Avenue
Tulsa, OK 74146
Reference No. 12-0100
Dear Mr. Kapple:
This is in response to your April 19, 2012 e-mail to the Pipeline and Hazardous Materials Safety Administration"s (PHMSA"s) Hazardous Materials Information Center asking if you may offer for transport "UN 0323, Cartridges, power device, 1.4S (explosive), PG II" as a limited quantity by United Parcel Service aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state this product has been issued a Competent Authority approval with notations stating it successfully passed the United Nations (UN) Manual of Tests and Criteria Test Series 6(d) test (5th edition). Your letter was forwarded to the PHMSA"s Standards and Rulemaking Division for a reply.
The answer is yes. PHMSA revised the limited quantity provisions for Division 1.4S explosives in two final rules issued under Docket No. PHMSA"2009"0126 (HM"215K) on January 19, 2011 [76 FR 3308], and December 30, 2011 [76 FR 82163] to harmonize them with international requirements. The following requirements and schedules apply to the cartridge power device you describe in your e-mail:
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Provision
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Effective Date |
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To be transported by aircraft, must successfully pass the UN Test Series 6(d) reclassification tests as a limited quantity material (see § 173.63(b)(1)(i)).
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After 07/01/11 |
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To be transported by motor vehicle, railcar, or vessel, must successfully pass the UN Test Series 6(d) reclassification tests as a limited quantity material (see § 173.63(b)(1)(i)).
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After 01/01/12 |
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May be reclassed as "ORM"D"AIR," packaged as authorized under the HMR on October 1, 2010, and marked with the proper shipping name "Cartridges, power device (used to project fastening devices)" if the package successfully passes the UN Test Series 6(d) reclassification tests for an ORM-D-Air material effective 7/1/11 (see §§ 173.63(b)(1)(ii)).
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Until 12/31/12 |
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If the articles are properly packaged as authorized under the HMR on October 1, 2010, and are included on the list of materials that may be shipped as an ORM-D under § 173.63(b)(1)(iii), the package may be marked with the proper shipping name "Cartridges, power device (used to project fastening devices)" and reclassed as an "ORM"D" material (see § 173.63(b)(1)(ii) and (b)(1)(iii)). |
Until 12/31/13 |
In addition, packages of limited quantity Division 1.4S cartridge power devices transported by aircraft or vessel, or that meet the definition of a hazardous substance, hazardous waste, or marine pollutant are subject to the shipping paper requirements of 49 CFR Part 172, Subpart C (see § 173.63(b)(1)(i)). Further, these packages must 1) be marked with the proper shipping name and identification number of the hazardous material contained in the package (see § 173.315(a)); 2) conform to the general packaging requirements for transporting hazardous materials by aircraft prescribed in § 173.27, as well as the maximum net quantity of hazardous material permitted per inner package for a limited quantity transported by aircraft under Table 3 of § 173.27(f); 3) conform to the limited quantity requirements prescribed for cartridge power devices prescribed in § 173.63(b)(2); and 4) be marked with the limited quantity square-on-point marking with the symbol "Y" in the center as prescribed in § 173.315(b). The HMR excepts limited quantity Division 1.4S explosives packages from both labeling and placarding prescribed in 49 CFR Part 172, Subpart E and Subpart F, respectively (see § 173.63(b)(1)(i)). Please note, in the Docket No. HM-215K final rule, PHMSA revised the HMR"s list of prohibited hazardous materials and articles in Table 3 under § 173.27(f) to clarify that Class 1 (explosive) materials that conform to the applicable provisions prescribed in § 173.63(b) are authorized for transportation by aircraft.
I hope this satisfies your request.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.63, 173.315