{"operation":"document","citation":"08-0152","title":"North American Services Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-01-30","effective_on":null,"summary":"08-0152 response to North American Services Group concerning 172.202, 173.63.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0152.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0152.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0152","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080152.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nJAN 3 0 2009\nMr. Bill Youngs\nDirector of Compliance\nNorth American Services Group\n1240 Saratoga Road\nBallston Spa, New York 12020\nRef. No. 08-0152\nDear Mr. Youngs:\nThis responds to your letter requesting clarification of shipping paper requirements for\nexplosives under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask whether the quantity of a package containing \"Cord, detonating, 1.4D,\nUN0289\" is to be indicated on a shipping paper as the gross mass of the package or the net\nexplosive mass of the detonating cord under the packaging exceptions for explosive articles in\n$ 173.63(a).\nThe exception found in 173.63(a) applies to \"Cord, detonating, 1 .ID, UN0065.\" Provided\nthe conditions in 5 173.63(a) are met, as applicable, such material may be offered and\ntransported domestically as \"Cord, detonating, 1.4D, UN0289.\" One applicable condition\nrequires that the aggregate gross weight of all packages containing the reclassed detonating\ncord not exceed 45 kg (99 pounds) per conveyance specified. Although this value is not\nrequired to be indicated on a shipping paper, the package gross mass must be determined and\nnot exceeded in order to utilize the exceptions for detonating cord under 5 173.63(a).\nAs specified in $ 172.202(a)(5)(i) for Class 1 materials, the quantity entered on a shipping\npaper for an explosive material that is also an article may be expressed in terms of the net\nmass of either the article or the explosive materials contained in the article. You state in your\nletter the net explosive mass of the article (detonating cord) is known and is marked on the\nexterior of the package by the manufacturer. You also state in your letter the net explosive\nmass of a partial roll of detonating cord can be determined by measuring its length.\n\n<<<PAGE 2>>>\n\nAdditionally, prior to using the exceptions for detonating cord in 5 173.63(a), it must be\ndetermined that the detonating cord contains no more than 6.5 grams of explosive per 30\ncentimeter length. Thus, it is this calculated value that should be the quantity of material\nindicated on the shipping paper under 5 172.202(a)(5)(i).\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nOffice of Hazardous Materials Standards, PHMSA\nAttn: PHH-10, U.S. Dept. of Transportation-East Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-000 1\nTo Whom It May Concern:\nWe are looking for an interpretation of what value in weight we should place on our bill\nof lading (shipping paper) when transporting cord, detonating (UN 0289),1.4D.\nWe are utilizing the packaging exception (173.63) where the product gross weight is a\ncritical criteria of meeting the conditions of this exception. There is no marking (label)\non the package indicating the gross weight of the product as it received from the\nmanufacturer. This is true with at least two (2) manufactures. The package label does\nindicate NEQ (net explosives quantity) or NEW (net explosives weight) which does not\nmeet the condition of the exception.\nThe questions are:\nWhat weight should we utilize on our Bill Of Lading? The NEQ or a guessed\ngross weight? The requirement of providing the gross weight, including all\npackaging by the 173.63 package exception appears to be difficult to provide\naccurately.\nWhat weight should we utilize when partial rolls of cord, detonating (UN 0289),\n1.4D are transported in a package that is labeled with an NEQ, and a package of\nunknown weight?\nThe weight of the cord, detonating could be determined by proportioning the NEQ\nbased on the labeled length in feet of each roll in the package.\nWe are in a dilemma, if we utilize the NEQ we are not in compliance, and if we guess (no\nreliable field measuring device) the gross weight we are not in compliance with the\nexception.\nIf further information is required to answer this question please contact myself.\nDirector 07 Compliance\nNorthAmerican Services Group\nCorporate Office\n1240 Saratoga Road Ballston Spa, New York 12020\n518-885-1820\nFAX: 518-885-7638\n1","truncated":false,"body_characters":4322}