Interpretation Response #18-0017

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

Interpretation Response Details

Response Publish Date: 06/15/2018

Company Name: Explosives Test Center, LLC

Individual Name: Graham Walsh

Location State: CO Country: US

View the Interpretation Document

Response text:

June 15, 2018

Graham Walsh
President
Explosives Test Center, LLC
405 Cascade Court
Johnstown, CO 80534

Reference No. 18-0017

Dear Mr. Walsh:

This letter is in response to your February 8, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Packing Instructions for explosive substances or articles.

In accordance with § 173.62, Packing Instruction 101 indicates:

This Packing Instruction may be used as an alternative to a specifically assigned packing method with the approval of the Associate Administrator prior to transportation. When this packing instruction is used, the following must be marked on the shipping documents: "Packaging approved by the competent authority of the United States of America (USA)."

Furthermore, the "Particular Packing Requirements or Exceptions" for Packing Instruction 101 specifies:

1. Samples of new or existing explosive substances or articles may be transported as directed by the Associate Administrator for purposes including: testing, classification, research and development, quality control, or as a commercial sample. Explosive samples which are wetted or desensitized must be limited to 25 kg. Explosive samples which are not wetted or desensitized must be limited to 10 kg in small packages as specified by the Associate Administrator for Hazardous Materials Safety.

Specifically, you ask how the "Particular Packing Requirements or Exceptions" note relates to Packing Instruction 101, especially when the explosive is not being shipped for testing, classification, research and development, quality control, or as a commercial sample.

The Explosive Table, as detailed in § 173.62(b), provides a list of United Nations (UN) Identification (ID) numbers with associated Packing Instruction(s) to be followed for transportation. As mentioned in your request, there are a number of UN ID numbers associated with Packing Instruction 101; these explosive substances or articles must comply with this Packing Instruction. Furthermore, even if a UN ID number is not associated with Packing Instruction 101, it may be packed in accordance with this Packing Instruction, as long as an equivalent level of safety is shown, subject to the approval of the Associate Administrator, per § 173.62(c)(5). In either case, when packed in accordance with Packing Instruction 101, the statement "Packaging approved by the competent authority of the United States of America (USA)" will appear on the approval letter issued by PHMSA and must be marked on the shipping documents.

When transported in accordance with Packing Instruction 101, the explosive substance or article must comply with a packaging configuration that is approved by the Associate Administrator. The requirements of the packaging will be detailed in the approval letter for the specific explosive substance or article.

As specified in your request, there is a note associated with Packing Instruction 101. Based on the language in this note, it is the opinion of this Office that the note is related only to packaging and transportation of samples of new or existing explosive substances or articles, and not to every explosive substance or article packaged in accordance with Packing Instruction 101. Therefore, the quantity limits identified in the "Particular Packing Requirements or Exceptions" note for Packing Instruction 101 only apply to new or existing explosive substances or articles transported "for purposes including testing, classification, research and development, quality control, or as a commercial sample," and not to all explosives substances or articles packaged and transported in accordance with Packing Instruction 101.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division

Regulation Sections