{"operation":"document","citation":"05-0221","title":"MAST Technology, Inc<br /> — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-11-01","effective_on":null,"summary":"05-0221 response to MAST Technology, Inc<br /> concerning 173.62.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0221.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0221.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0221","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050221.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nNOV - 1 2005\nMr. Jay Bell\nRef. No: 05-0221\nVP Sales and Marketing\nPO Box 1026\nMAST Technology, Inc\nBlue Springs, MO 64013\nDear Mr. Bell:\nThis responds to your letter of August 30, 2005, and subsequent telephone conversation with a\nmember of my staff requesting clarification of the packaging requirements for explosives\ncontained in § 173.62 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nIn your letter you provided photos for our review. Specifically, you asked whether your\nshipment of Cartridges, small arms, 1.4S, UN0012, II, which contain 400 rounds per inner box\nand 800 rounds per outer box of 7.62 mm(M118) ammunition, conforms to the requirements\ncontained in the Table of Packing Methods in § 173.62(b) of the HMR.\nThe answer is yes. Section 173.60 of the HMR states that, except as provided in § 173.7, when\nthe table in § 172.101 specifies that an explosive must be packaged in accordance with this\nsection, only packagings that conform to the provisions of paragraphs (b) and (c) or § 173.7(e)\nand the applicable requirements in §§ 173.60 and 173.61 may be used unless otherwise approved\nby the Associate Administrator. In addition § 173.60 states that, unless otherwise provided in\nthis section and in § 173.7(a), packaging used for Class 1 (explosives) materials must meet\nPacking Group I requirements. Each packaging used for an explosive must be capable of\nmeeting the test requirements of Subpart M of Part 178 of the HMR, at the specified level of\n§ 173.60(b)(5), if an article is fitted with its own means of ignition or initiation, it must be\nperformance, and the applicable general packaging requirements of paragraph (b). Under\neffectively protected from accidental actuation during normal conditions of transportation.\nIt is the opinion of this office that your articles are designed to meet the criteria in § 173.60(b)(5)\nand therefore may be transported in accordance with Packaging Instruction 130 in § 173.62 of\nthe HMR. Cartridges, small arms, 1.4S, UN0012, II, may be transported without inner or\nintermediate packagings. The packaging configuration described in your letter may be used to\ntransport Cartridges, small arms, 1.4S, UN0012, II.\nFurthermore, Cartridges, small arms, that have been classed as Division 1.4S explosives may be\nreclassed, offered for transportation, and transported as \"Consumer Commodity\" ORM-D\n173.62\n050221\n\n<<<PAGE 2>>>\n\nmaterial when packaged in accordance with § 173.63 (b)(2). The HMR make no distinction for\nU.S. military shipments of ammunition sold to the Defense Department under the exception in\n§ 173.63; the exception is based on the type and caliber of ammunition, not use. Note that this\nexception is limited to ammunition for rifle, pistol, or shotgun; ammunition with inert projectiles\nor blank ammunition; ammunition having no tear gas, incendiary, or detonating explosive\nprojectiles; ammunition not exceeding 12.7 mm for rifle or pistol cartridges or 8 gauge for shot\nshells; and cartridges, power devices which are used to project fastening devices.\nReclassification of Cartridges for weapons, or Cartridges, small arms, as ORM-D is only\nauthorized for domestic transportation. Domestic transportation is defined as transportation\nbetween places within the United States; shipments to Puerto Rico are domestic shipments.\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely,\nThe gog\n• John A. Gale\n/ Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMAST\nMILITARY ORDNANCE & AMMUNITION\nPO Box 1026\nLAKE CITY OPERATIONS\nBlue Springs, MO 64013\nState Highways 7 & 78\nLCAAP, Building 139\n(816) 796-0480 Phone • (816) 796-0485 Fax\nIndependence, MO 64051\nCell (816) 560-0864\nAugust 30, 2005\nJbells@mast.echnology.cor\nBeterford\nDOT\nSubject: Request for Interpretation/Clarification\n3113.62\nDear DOT:\nPackagings of Explosives\n05-0221\nSystems (ATK) from Lake City Army Ammunition Plant in Independence, MO. The item is\nI sold 50,400 rounds to DOE. It was dropped shipped from the manufacturer Alliant Tech\n7.62mm (M118) ammunition and it was pack as it is in the pictures. There appear to be\n400 rounds per inner box and 800 per outer box. There is no separation between the\non this items and I believe they have shipped a considerable amount of ammunition in this\nrounds. It is 1.4S, UN00012, PGII. I am pretty sure that ATK would not risk their business\nit does not meet DOT regulations. Please see attached email forwarded and cut and paste\nDOE has rejected the materials for quality reasons and will not ship back because they say\ninformation. ATK has passed the buck to me. Can you help me make a determination? We\nare a small business caught in the middle of two giants. I do not have a copy of the actual\nBill of Lading, since we did not ship.\nBest Regards,\nJay Bell\nMAST Technology, Inc.\nVP Sales and Marketing\nCertified\n\n<<<PAGE 4>>>\n\n\n\n<<<PAGE 5>>>\n\n\n\n<<<PAGE 6>>>\n\n\n\n<<<PAGE 7>>>\n\nMOSATEONU,","truncated":false,"body_characters":5126}