{"operation":"document","citation":"06-0157","title":"Regulatory Resources — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-02-12","effective_on":null,"summary":"06-0157 response to Regulatory Resources concerning 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0157.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0157.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0157","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060157.pdf","body":"<<<PAGE 1>>>\n\n.S. Departmen\nf Transportatiol\nFEB 12 2007\n400 Seventh Street, S.W\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety Administration\nPresident\nMr. Wade Winters\nRef. No. 06-0157\nRegulatory Resources\n240 Joshua Road\nKennewick, WA 99338\nDear Mr. Winters:\nThis is in response to your July 15, 2006 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 100-180) applicable to the classification of\nexplosives.\nIn your letter, you state that the Department of Transportation (DOT) authorizes the\nand approve a new explosive. You state that waste material generated from DOD or DOE\nDepartment of Defense (DOD) or the Department of Energy (DOE) the authority to class\nvarious concentrations. You ask whether DOD or DOE has the authority to remove the\ndevelopment, research or processing of explosives may contain explosive materials in\n\"C'ass 1 explosive\" designation from waste material that has been contaminated with\nexplosive materials, but does not meet the criteria to be classed as an explosive when\nsubjected to explosive classification testing by DOD or DOE.\nFor clarification, the Department of Transportation is the sole approval authority for the\ntransportation of explosives or explosive waste in commerce. DOD and DOE are:\nauthorized to class explosives for their internal uses.\nwill not have a pre-existing \"Class 1 explosive\" designation because it is a \"new\nUnder your scenario, waste material that has been contaminated with explosive materials\nexplosive.\" As defined in § 173.56, a \"new explosive\" is an explosive produced by a\nperson who has not previously produced that explosive or has previously produced that\nexplosive but has made a change in the formulation, design or process so as to alter the\nproperties of the explosive.\n060157\n173.56\n\n<<<PAGE 2>>>\n\nYour material meets this definition, and, therefore, is subject to the classification and\napproval procedures for a new explosive as required under § 173.56 of the HMR.\nI trust this satisfies your inquiry.\nSincerely,\nPet de Meal\nEdward T. Mazzullo\nDirector\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n07/15/2006 19:45 FAX 509 628 0972\nRegulatory Resources Inc\n4002/002\n240 Joshua Road\nRegulatory\nKennewick, WA 99338\nvoice: 509-628-1020\nfax: 509-628-0972\nTho source You Come Back To de\nwace@regulatoryresources.net\nwww.regulatoryresources.net\nFoster\n.:-\nJuly 15. 2006\n$173.56\nMr. Edward T. Mazzullo\nU.S. DOT/PHMSA (PHH-10)\nDirector, Office of Hazardous Materials Standards\nExplosive\nWashington, D.C. 20590-0091\n400 7th Street S.W.\n06-0157\nDear Mr. Mazzullo.\nRegulatory Resources, Inc. (RRI) is a consulting and training company serving clients subject to the national and\nAgency (EPA) solid and hazardous waste management regulations. We have had recent questions come up\nInternational Dangerous Goods and Hazardous Materials Regulations (HMR), and the Environmental Protectior\nconcerning the allowances for the classification of explosives and are seeking DOT's response to one of these\nquestions.\nIn paragraph (b) and (e) of this section, the Deparment of Transporation (DON) authorizes the Department of\nThe classing of a new explosive intended for transport in commerce must be performed as required in §173.56.\nlata that suppons the classification of an explosive by these agencies, as determined by DOE Explosive\nefense (DOD) and Department of Energy (DOE) the authority to class and approve a new axplosive. Th\nHazard Classification Procedures (5171.7), Must be submitted to the DOT for approval in witing before offering\nfor transpor in commerce.\ngranted by the DOT to the DOD and DOE for classification of a new explosive authorize these federal agencies\no remove the material's Class 1 explosive designation without further DOT approval?\nThark you again for your attention in this matter. We eagerly await your timely reply. Please call me If I can\nanswer any questions.\nThank you.\nFor Regulatory Resources, Inc.,\n......\nWade A. Winters, CET. CHMM\n= =\nPresident\nWAW/lom","truncated":false,"body_characters":4023}