Interpretation Response #12-0216 ([Dyno Nobel Inc.] [Mr. J.D. Thomas])

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

Interpretation Response Details

Response Publish Date: 02/27/2013

Company Name: Dyno Nobel Inc.

Individual Name: Mr. J.D. Thomas

Location State: CT Country: US

View the Interpretation Document

Response text:

February 27, 2013

Mr. J.D. Thomas
Dyno Nobel Inc.
Simsbury Plant
660 Hopmeadow Street
Simsbury, CT  06070

Reference No. 12-0216

Dear Mr. Thomas:

This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to the packaging for transportation of non-electric detonators.  In your letter, you state that the detonators are packaged in a 4G fiberboard "outer" box in a manner that protects and prevents movement of the articles.  You also state that the detonator assemblies have a shock tube that is wound in a loop or figure 8 configuration and that they have voids between the coils due to the coils overlapping each other.  You ask whether a 4G fiberboard box used as a single packaging for non-bulk materials is a receptacle and whether it would be considered a one-time use receptacle.  You also present your concern regarding the requirement to fill the box to 95% when testing. 

The 4G fiberboard box is not a receptacle in the context of § 178.602.  Your package is a combination package with the articles being the inner packages and the 4G fiberboard box being the outer package.  The 95% fill requirement does not apply to articles and, therefore, the testing should take place with the 4G fiberboard box filled as it would be prepared for transportation or as otherwise specified in § 173.602.  You must also determine whether additional cushioning, et cetera, should be included in the package and otherwise ensure conformance with §§ 173.24 and 173.24a for general requirements for non-bulk packagings and packages.
With respect to reuse, to reuse a packaging, you must ensure that it conforms to § 173.28, which in part requires that packagings and receptacles used more than once must be in such condition, including closure devices and cushioning materials, that they conform in all respects to the prescribed requirements of the HMR.  If your packaging does not conform to

the requirements in § 173.28, it may not be reused.  Under § 173.28, a 4G fiberboard box is not specifically prohibited from being reused, however, its structural integrity must not be compromised as provided in § 173.28 in order to reuse.
I hope this information is helpful. 

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division 

173.602, 173.24, 173.24a

Regulation Sections