Interpretation Response #14-0201 ([ESCI EnviroServices, Inc] [Mr. Steven M. Lichten])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: ESCI EnviroServices, Inc
Individual Name: Mr. Steven M. Lichten
Location State: CA Country: US
View the Interpretation Document
Response text:
April 2, 2015
Mr. Steven M. Lichten
ESCI EnviroServices, Inc.
4401 Atlantic Avenue, Suite 200
Long Beach, CA 90807
Ref. No. 14-0201
Dear Mr. Lichten:
This letter responds to your October 13, 2014 email regarding requirements in the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) for shipment of misfired small arms blank ammunition. In your email, you indicate that occasionally the ammunition you use (e.g., .38 caliber blank cartridges) fails to function properly and needs to be properly disposed of at an approved facility. Further, in a telephone conversation with a member of my staff, you shared that the material is subject to EPA waste manifest requirements under 40 CFR § 262.20. Your questions are paraphrased and answered as follows:
Q1: Are these misfired cartridges properly described and classified using the shipping description "Waste cartridges for weapons, blank, UN0014, 1.4S, II"?
A1: Yes, provided that all conditions of 49 CFR § 173.56(h) are met. The description "Cartridges, small arms, blank" may be more appropriate, provided the material meets the criteria in § 173.59. Furthermore, as you have indicated, the proper shipping name must be preceded by the word "Waste" if the material is subject to EPA manifest requirements (see § 172.101(c)(9)). Finally, note that the basic description must now begin with the UN number (see § 172.202(b)). Thus, "UN0014, Waste cartridges for weapons, blank, 1.4S, II," and "UN0014, Waste cartridges, small arms, blank, 1.4S, II" are appropriate descriptions.
Q2: Can these misfired cartridges be shipped as limited quantities under § 173.63(b)(1)(i) and packaged as described in § 173.63(b)(2)?
A2: Yes, provided they meet the requirements of § 173.63(b). The entry for either description mentioned above and listed in the § 172.101 Hazardous Materials Table references in Column 8A § 173.63 for exceptions. Thus, small arms ammunition (blank) properly classed as 1.4S may be transported under the provisions of § 173.63(b).
Q3: If these misfired cartridges cannot be shipped as described per questions Q1 and Q2 above, how must they be transported?
A3: See A1 and A2.
I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Dirk Der Kinderen
Acting Chief, Standard Development
Standards and Rulemaking Division
262.20, 173.56(h), 173.59, 172.101(c)(9), 173.63(b)(1)(i)