{"operation":"document","citation":"00-0155","title":"Frank's Gun & Pawn — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-08-11","effective_on":null,"summary":"00-0155 response to Frank's Gun & Pawn concerning 173.171.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0155.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0155.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0155","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000155.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nResearch and\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\ndecial Progran\nministrati\nAUG 1 1 2000\nMr. Frank Chamberlin\nRef. No. 00-0155\nFrank's Gun & Pawn\nPost Office Box 2053\nAsheboro, North Carolina 27203\nDear Mr. Chamberlin:\nThis is in response to your letter dated May 12, 2000, requesting clarification of the requirements\nconcerning smokeless powder for small arms in § 173.171, under the Hazardous Materials\nRegulations (HMR; 49 CFR parts 171-180). Your questions are paraphrased and answered as\nfollows:\nQ1. Can \"Smokeless powder for small arms, 4.1, NA 3178, PG I\" be shipped in combination\npackagings with inner packagings not exceeding 16 pounds net mass?\nAl.\nThe answer is yes. Smokeless powder is approved by the Department of Transportation\n(DOT) in a specific inner container (typically a static-resistant plastic bottle with a metal\nor plastic screw cap, having a specific liquid capacity (typically 1 pint, 1 quart, 1 gallon,\netc.) and a specified net weight of smokeless powder in each container (typically 1 pound,\n4 or 5 pounds, up to but not exceeding 8 pounds for the largest size container. The\napproval also specifies the number of different size containers (typically from 1 to 16)\nthat may be contained in any one outer packaging (typically a specification 4G, Packing\nGroup 1 (PG 1) fiberboard box). Section 173.171 (d) authorizes inside packages that have\nbeen examined and approved by the Associate Administrator for Hazardous Materials\nSafety provided: (1) a 4G fiberboard packaging meeting the Packing Group I\nperformance level is used; (2) all inside containers are packed to prevent movement; and\n(3) the total net weight of the material (i.e., smokeless powder) in one package does not\nexceed 16 pounds. The 16 pound weight limitation in § 173.171 (d) applies only to those\npackagings authorized under § 173.171 (d) and does not apply to those packagings\nauthorized under § 173.171 (a), (b) or (c). In addition, several packages meeting the\nconditions of § 173.171 (d) may be overpacked together if the 100 pound net mass\nlimitation in § 173.171 (b) is not exceeded.\nQ2.\nCan different types of smokeless powder (i.e., extruded powder, ball powder, etc.) be\nshipped in the same packagings?\n173.171\n000155\n-\n\n<<<PAGE 2>>>\n\nA2. The answer is yes. If your smokeless powder (i.e., extruded powder, ball powder etc.)\nwere classed in Division 1.3 before being reclassed in Division 4.1, there are no\nrestrictions in loading, transporting or storing these materials together. Under § 173.171\n(d), sporting store distributors have an option to take one or more brands and types of\nsmokeless powder in the same DOT approved inner containers that they were received in\nand combine them in a NEW specification 4G PG I fiberboard box, which must be\npurchased for this purpose. Sporting store distributors CANNOT re-use a specification\n4G box from any of the manufacturers to put together a mixed brand shipment see\n§ 173.28 (b)(3). In addition, the inner DOT approved packaging must be packaged to\nprevent movement with (dunnage, cushioning, dividers, etc.) and must NEVER be\nchanged or replaced. Finally, no more than 16 pounds net weight of smokeless powder\nmay be included in each outer fiberboard box. For example, one could ship one 8 - pound\ncontainer of one brand and up to eight 1 - pound containers of other brands in the same\nbox; or one 4 - pound container of one brand, one 8 - pound container of a second brand\nand up to four 1 - pound containers of the same or different brands.\nQ3.\nIs smokeless powder required to be shipped in case lots only with each case of powder in\na different box?\nA3.\nThe answer is no. As stated earlier, several packages meeting the conditions of § 173.171\n(d) may be overpacked together if the 100 pound net mass limitation in § 173.171 (b) is\nnot exceeded (i.e., the total quantity of smokeless powder may not exceed 45.4 kg (101\nounds) net mass in: (1) One rail car, motor vehicle, or cargo only aircraft; or (2) One\nfreight container on a vessel, not to exceed four freight containers per vessel.\nBetts of my staff on 1-800-HMR49-22.\nI hope this information is helpful. Should you have any questions, please contact Mr. Charles\nSincerely,\nHotte 1 mothel\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nFrank's Gun & Pawn\nNRA LIFE MEMBER\nShipping Address: 3238 Hwy. 64 E.\nMailing Address: P.O. Box 2053\nPhone: 336-629-6760\nAsheboro, North Carolina 27203\nE-mail: Frankcha@asheboro.com\nBetEs\nMay 12, 2000\n§ 173.171\nEdward Mazzullo\n00 - 0155\nDirector, Office of the Hazardous Materials Standards\nUS DOT/RSPA (DHM 10)\n400 7th St. SW\nWashington DC 20590-0001\nDear Mr. Mazzullo,\nI am a gun dealer in Asheboro, NC and I have a big problem. I order small arms smokeless\npowder quite often and I run into problems at least twice a year.\n1. One distributor of powder says you can't put but 16 Ib.. in a box. I explain that you can put\n16 Ib.. in each \"inner\" box but you can put fifty pounds in one large box as long as there is not\nover 16 pounds in each of the inner boxes. They don't believe it so I have to find another seller.\n2. A different distributor says you can't put different kinds of powder in the same box: i.e.\nextruded powder, ball powder, etc. I again explain that you can put the different kinds of powder\nin the same box but again, it has to be in different \"inner boxes\".\n3. Another distributor say it has to be shipped in case lots only with each case of powder in a\ndifferent box. Example: every case has to be shipped separately. This causes a haz-mat shipping\ncharge on each box.\nSir, I have won very few arguments and I am getting tired of the fight. Could you please send me\na letter on your stationary addressing each of the above issues. Please make it so plain even a\nimbecile can understand it. Please write it so a five year old could understand so I can have a\nletter to fax them proving they are interpreting the regulations wrong.\nSincerely,\nFrank Chamberhin\nFrank Chamberlin","truncated":false,"body_characters":6077}