{"operation":"document","citation":"04-0180","title":"Dyno Nobel, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-08-30","effective_on":null,"summary":"04-0180 response to Dyno Nobel, Inc. concerning 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0180.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0180.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0180","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040180.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nAUG 3 0 3004\nMr. Pat Weber\nReference No.: 04-0180\nDyno Nobel, Inc.\n2650 Decker Lake Blvd., Suite 300\nSalt Lake City, UT 84119\nDear Mr. Weber:\nThis responds to your e-mail requesting clarification of the shipping paper requirements\nfor Class 1 materials under the Hazardous Materials Regulations (HMR; 49 CFR parts\n171-180). Your questions are paraphrased and answered as follows:\nQ1. Does the net explosive mass meet the quantity/unit of measure requirement of 49\nCFR 172.202(a)(5)?\nA1. Yes. The total quantity for a Class 1 material, as required by § 172.202(a)(5), is the\nnet explosive mass.\nQ2. If the net explosive mass is in addition to the total quantity, does it need to be in the\nsame unit of measure? Example: Detonator assemblies may have a gross mass of 35\npounds, yet the net explosive mass may be only 80 grams.\nA2. As stated above, the HMR require only the net explosive mass in the shipping\ndescription. If you chose to include both the gross mass and the net explosive mass in the\nshipping description, consistency in the units and standard of measure is preferred for\nclarity, but not required by the HMR.\nIn a recent letter of interpretation (copy enclosed), we stated that for an explosive that is\nan article, such as cartridges, small arms, the net mass of the article must be used to\nsatisfy the requirement in § 172.202(a)(5)(i). We have proposed to change 49 CFR\n172.202(a)(5) to clarify this. (See Docket HM-215G; 69 FR 34741.) Internationally,\nthere is some concern that, at least for large explosive articles, the net explosive mass\nshould be limited to the explosive component of the article. Until this issue is resolved\nin your descriptions of explosive articles\nthrough a change to the UN Recommendations, you may want to include both quantities\n040180\n172:202 (a)5)\n\n<<<PAGE 2>>>\n\nQ3. If there are multiple explosive products in a shipment—\na) May an aggregate net explosive mass quantity be placed in one location on the\nshipping paper to cover all Class 1 entries, or\nb) May aggregate net explosive mass quantities be placed in respective locations\nfor all \"like products\" (e.g. all Boosters), or\nc) Must a net explosive mass quantity be shown for each Class 1 entry on the\nshipping paper? Example: A shipment might contain both Explosives, blasting, type E,\nand Boosters, each described by its own proper shipping name. In addition, there might\nbe different Type E explosives or different Boosters shipped with their own identifiers\nand different package net explosives masses.\nquantity of the hazardous material covered by that description.\nA3. The answer is \"c\". Each shipping description on a shipping paper requires the total\nI trust this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nAttle z mithell\nfor Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nEnclosure\n\n<<<PAGE 3>>>\n\n-\nCorbin, Gigi (DHM12)\nCobin\nFrom:\nTo:\nSent:\nMazzullo, Ed\nThursday, August 05, 2004 12:04 PN\nCorbin, Gigi (DHM12)\n5172.202(a)5)\nSubject:\nCc:\nFW: Net Explosive Weight Requirement for Shipping Papers\nRichard, Bob; Kelley, Shane\nShipping Papers\nPlease handle response and coordinate with me and Bob R.\n04-0180\nEd\n-----Original Message-- - - -\nExplosive Weight Requirement for Shipping Papers\nUsed incorrect address in first try.\n----- Forwarded by Pat Weber/DNA/AM/DynoInd on 08/05/2004 08:56 AM\nPat Weber\nedward.mazzullo@rsspa.dot.gov@DynoIndExtAM\nTo:\nJones/DNA/AM/DynoInd@DynoInd, Brian Sayer/DNA/AM/DynoInd@DynoInd,\n08/05/2004 07:56\nLynne\nAM\nrobert.lynch@rspa.dot.gov@DynoIndExtAM\nfor Shipping Papers\nSubject: Net Explosive Weight Requirement\nEffective October 1, 2004 a requirement goes into effect to place the New Explosive Weight\nan inspection by Bob Lynch.\non shipping papers for Class 1 materials.\nI asked him whether this was a stand alone provision,\nThis was brought to our attention during\nregulation is not exactly clear.\nit took the place of the quantity and unit of measure,\nHe stated that he would look into it and find an answer.\nsince the language in the new\nInfortunately the time is running short and all organizations that use computer systems to\nmove that quickly and I need an answer very soon.\ngenerate shipping papers are under a very tight deadline. Computer reprogramming does not\naddition, does it need to be in the same unit of\nCan the new requirement for NEW meet quantity/unit of measure? 2. If the NEW is an\nThe gross case may weight 35 pounds, but the NEW may be 0.18 pounds. We would want to\nwe curently identify in pounds, yet the unit of measure for the NEW might be in grams.\nidentify it as 80 grams to insure accuracy in the field by keeping a counting system as\nNEW be\nsimple as possible. 3. If there are multiple explosive products in the shipment can the\nb. placed in a respective location for all \"like products\" (e.g. all Boosters); or,\non the shipping papers once for all products;\nExample: A shipment might contain both Explosive, blasting type E and Boosters. Each\nmust it be line item per line item?\nwill have a unique line item because they will have different Proper Shipping Names.\naddition there might be different Type E explosives or different Boosters shipped with\ntheir own identifiers and different case NEW's.\n\n<<<PAGE 4>>>\n\nBob for bringing it to our attention.\nI couldn't find anyone in the explosive industry that caught this new provision and I than\nas identified in the exolanation in the notices and it passed over us\nin the Federal Register I could not find that i\nOctober.\nI would appreciate a quick answer so that we will be in compliance by the first of","truncated":false,"body_characters":5723}