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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #99-0107 ([National Distribution Warehouse] [Mr. Marlyn Boyce])

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

Interpretation Response Details

Response Publish Date:

Company Name: National Distribution Warehouse

Individual Name: Mr. Marlyn Boyce

Location State: OK Country: US

View the Interpretation Document

Response text:

JUL 29, 1999

 

Mr. Marlyn Boyce                      Ref. No. 99-0107
National Distribution Warehouse
5404 S. 122 E. Ave.
Tulsa, OK 74146

Dear Mr. Boyce:

This is in response to your letter of April 19, 1999, requesting clarification on the requirements for cartridges, power devices which are used to project fastening devices (HMR; 49 CFR Parts 171-180).  In your letter you ask whether, and under what conditions, cartridges, power devices which are classed as Division 1.4S may be reclassed as ORM-D material.  Specifically, you reference Special Provision 112 which was previously referenced by the "Cartridges, power devices' proper shipping name entry in the Hazardous Materials Table (HMT).

Special Provision 112 was removed from the HMR by  Docket HM­222B (May 30, 1996; 61 FR 27166).  Special Provision 112 allowed shippers to reclass cartridges, power devices and cartridges, small arms, which had been classed as Division 1.4S materials, as ORM-D material under certain conditions.  Though Special Provision 112 was removed, it is effectively still in place at § 173.63(b).

The HMT entries for "Cartridges, small arms" and "Cartridges, power devices" both reference § 173.63 in column 8A for exceptions.  Cartridges, power devices (which are used to project fastening devices) which have been classed as Division 1AS explosives may be reclassed, offered for transportation, and transported as "Consumer commodity," ORM-D when packaged in accordance with § 173.63(b)(2).

I hope this satisfies your request.

Sincerely,

 

John A. Gale
Transportation Regulation Specialist
Office of Hazardous Materials Standards

173.63

Regulation Sections

Section Subject
173.63 Packaging exceptions