{"operation":"document","citation":"07-0044","title":"western Kentucky University — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-07-27","effective_on":null,"summary":"07-0044 response to western Kentucky University concerning 173.56, 173.62, 173.63.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0044.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0044.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0044","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070044.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nAdministration\nJUL 27 2007\nMr. Christopher J. Widman\nRef. No. 07-0044\n5050 Lincoln Drive\nATK Alliant Techsystems\nEdina, MN 55436-1097\nDear Mr. Widman:\nup letter requesting clarification of the requirements in the Hazardous Materials\nThis is in response to your February 12, 2007 letter and your February 20, 2007 follow-\nRegulations (HMR; 49 CFR Parts 171-180) related to the classification of \"Cartridges,\npower device, 1.4S, UN0323.\"\nYour questions are paraphrased and answered as follows:\nQ1.\nIs a manufacturer of a \"Cartridges, power device\" (used to project fastening\ndevices) allowed to classify the device as meeting the definition of a Division 1.4S\nexplosive without examination and DOT approval?\nNo. A manufacturer is not allowed to classify a \"Cartridges, power device (used\nto project fastening devices)\" as meeting the definition of a Division 1.4S explosive\nwithout prior examination, classification, and approval in accordance with § 173.56. The\nexamination (performed by a person or agency approved by DOT) and recommended\nclassification assignment of a new explosive must be performed in accordance with the\napproval of a new explosive must submit a request, including a copy of the report of the\ntests and criteria prescribed in §§ 173.52, 173.57, and 173.58. The person requesting\nexamination and assignment of a recommended classification (i.e., shipping description,\ndivision, and compatibility group) to the Associate Administrator, PHMSA. If the\napproval request meets the criteria in the HMR, the Associate Administrator will issue a\nwritten approval assigning an EX number to the new explosive.\ndevices (which are used to project fastening devices) which have been classed as a\nQ2. Does the language in § 173.63(b), \"cartridges, small arms, and cartridges power\nDivision 1.4S explosive,\" refer to devices that have been examined and approved by\nA2. The \"cartridges, power devices\" in the referenced paragraph refers to those\ncartridges that have been examined and approved under the HMR (see AI). You should\n173.56\n173.63 (b)\n070044\n173.62\n\n<<<PAGE 2>>>\n\nbe aware that only \"cartridges, power devices (which are used to project fastening\ndevices)\" qualify for reclassification as \"ORM-D.\"\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\n/ Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n:\n12 February 2007\nPackaging Exceptions\nATK\" 07-004\nEdina MN 55436-1097\n5050 Lincoln Drive\nFax: (952) 351.3028\nTelephone (952) 351.5506\nMr. Ed Mazzullo\nUS Department of Transportation\nOffice of Hazardous Materials Standards\nDHM-10\n400 Seventh Street SW\nWashington DC 20590-0001\nDear Mr. Mazzullo\nAlliant Techsystems Inc. (ATK) is requesting a final ruling regarding a\nmanufacturer /shipper's responsibility for transporting devices describes as:\nProper Ship Name:\nUN Serial Number:\nUN0325\nCartridges, power device\nHazard Category:\n1.4S\nSpecifically, is the manufacturers of cartridges power devices (which are used to\nSome in industry believe that a manufacturer is within their legal right to self\nhazard classify Cartridges power device, UN0325, 14S to items they believe\nappropriately fit this description without examination and approval by the DOT.\nthis description of UN0325, and must obtain a US DOT Competent Authority\nSome believe that the manufacturer is not authorized to self classify items fitting\nprior to authorizing transport\nfastening devices) and believed to meet the United Nations description of\nIs a manufacturer of cartridges power devices (which are used to project\nCartridges power device, UN0325, 14S\n1) Required to obtain a Competent Authority from the DOT Approvals\nBranch prior to shipment?\n2) Authorized to classify these devices without a DOT Competent Authority?\n100/200 0 922/\n12: :E1 /00z/Z//20\n198296\n\n<<<PAGE 4>>>\n\n:\nWe are also submitting an excerpt from 49 CFR § 173.68 (b) which states in\n§ 173.63 Packaging exceptions (b)\n(b)\nCartridges, small arms, and cartridges power devices.\nto project fastening devices) which have been classed as a Division 1.4S\n(1) Cartridges, small arms, and cartridges power devices (which are used\nexplosive may be re-classed, offered for transportation, and transported\nas ORM-D material when packaged in accordance with paragraph (b)(2)\nof this section.\nDivision 1.4S\" refer to a device that has been examined and approved by the\n3) Does the part of 173.63 (b) that states \"which have been classed as a\nDOT, or classified by the manufacturer?\nitems classed as UN0325.\nThank you for assisting in defining the intent of the regulations for transporting\nTelephone Number (952) 351.5506. My Fax Number is (952) 351-3028.\nIf you have any questions regarding the above request, please contact me at\nSincerely,\nCinath 2. Wilma\nChristopher J Widman\nChristopher.Widman@ATK.COM\nCorporate DOT Haz Mat Transportation Specialist\n800/800 0 922#\n952351\n\n<<<PAGE 5>>>\n\n. From: C450_1305\n9523515592\n02/20/2007 12:54\n#016 P. 002/003\n3173.62.\n20 February 2007\nPackagi Eception\nATK\n07-0044\nALLIANT TECHSYSTEMS\n5050 Lincoln Drive\nTelephone (952) 351.5506\nEdina MN 55436-1097\nMr. Ed Mazzullo\nFax: (952) 351.3028\nUS Department of Transportation\nOffice of Hazardous Materials Standards\n400 Seventh Street SW\nDHM-10\nWashington DC 20590-0001\nDear Mr. Mazzullo\nAlliant Techsystems Inc. (ATK) is requesting to amend our letter of 12 February\nthis incorrect UN Number may have caused your office.\nRequest for Ruling\nfor transporting devices describes as:\nATK is requesting a final ruling regarding a manufacturer /shipper's responsibility\nUN Serial Number:\nProper Ship Name:\nUN0323\nCartridges, power device\nHazard Category:\n1.4S\ndevices (which are used to project fastening devices), UN0323 authorized to self\nAre manufacturers of devices that meet the definition of cartridges power\nhazard classify as such?\nOr, are the manufacturers of devices they believe are appropriately described as\nshipmen required to obtain a US DOT Competent Authority prior to authorizing\nhazard classify Cartridges power device, UN0323, 14S to Items that are\nSome in industry believe that a manufacturer is within their legal right to self\nassessed as appropriately fitting the description of UN0323 without examination\n\n<<<PAGE 6>>>\n\n• From: C450_1305\n9523515592\n02/20/2007 12:54\n#016 P. 003/003\nSome believe that the manufacturer is not authorized to self classify items\nauthorizing transport.\nassessed as UN0323, and must obtain a US DOT Competent Authority prior to\nWe are also submitting an excerpt from 49 CFR § 173.68 (b) which states in\npart.\n§ 173.63 Packaging exceptions (b)\n(b)\nCartridges, small arms, and cartridges power devices.\n(1) Cartridges, small arms, and cartridges power devices (which are used\nto project fastening devices) which have been classed as a Division 1.4S\nexplosive may be re-classed, offered for transportation, and transported\nof this section.\nas ORM-D material when packaged in accordance with paragraph (b)(2)\nDoes the part of §173.63 (b) that states \"which have been classed as a\nDOT?\nDivision 1.4S\" refer to a device that has been examined and approved by the\nOr classified by the manufacturer?\nitems classed as UN0323.\nThank you for assisting in defining the intent of the regulations for transporting\nIf you have any questions regarding the above request, please contact me at\nTelephone Number (952) 351.5506. My Fax Number is (952) 351-3028.\nSincerely,\nChristophen f. Wilmen\nChristopher J Widman\nChristopher.Widman@ATK.COM\nCorporate DOT Haz Mat Transportation Specialist\n\n<<<PAGE 7>>>\n\nDerkinderer\n§173.63(6)\n8 March 2007\nATK\nALLIANT TECHSYSTEMS\n07-0074\n5050 Lincoln Drive\nTelephone (952) 351.5506\nEdina MN 55436-1097\nMr. Spencer Watson\nFax: (952) 351.3028\nUS Department of Transportation\nDHM-21\nOffice of Sciences\n400 Seventh Street SW\nWashington DC 20590-0001\nDear Mr. Watson\naddendum to the ATK letter dated 20 February 2007 which asked for a ruling on\nAlliant Techsystems Inc. (ATK) is requesting your office to consider this letter an\nwhether or not a manufacturer of devices believed to appropriately fit the proper ship\nname of cartridges power device, UN0323 may be classified by the manufacturer.\ncartridges power devices (frequently called powerloads in industry) we manufacture may\nOn 8 March 2007, you contacted me by telephone and requested that we verify if the\nserve dual purpose.\naliber nistol/rifle and a aun used to proiect fastenina devices?\nou asked. \"Can the powerloads vou manutacture be used in both a standard sma\nThe answer is yes. All powerloads manufactured by ATK may be used in small caliber\nrifles or pistols and guns used to project fastening devices. ATK powerloads are in fact\ndual purpose.\nATK realizes the following statement may not be applicable to the question of self\nfrom Cartridges Power device to Cartridges small arms UN0012. Although still\nclassification. However, ATK is discussing the cost impacts of renaming of our products\nin the thousands. We are also investigating other cost impacts.\ntabulating, we estimate that the cost to remark and label all containers in inventory to be\nPlease contact me if you have any additional questions\nRegards,\nChristopher f. Wilman\nChristopher J Widman\nTele 952.351.5506\nATK Haz Mat Transportation Specialist\nChristopher. Widman@ATK.COM","truncated":false,"body_characters":9418}