{"operation":"document","citation":"11-0276","title":"Mr. Lawrence W. Bierlein — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-03-21","effective_on":null,"summary":"11-0276 concerning 173.56, 173.61.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0276.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0276.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0276","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110276.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue, SE\nof Transportation Washington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAR 2 1 2012\nMr. Lawrence W. Bierlein\n1101 30th Street, NW\nSuite 500\nWashington, DC 20007\nReference No.: 11-0276\nDear Mr. Beirlein:\nThis responds to your letter requesting clarification of Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to the shipment of lAS explosive devices. In\nyour letter, you describe a company that holds several lAS explosive device classifications\nissued as approvals in accordance with § 173.56. Some of these approvals refer to the\nrequired packaging by Packing Instruction numbers specified in § 173.62, such as PI 142,\nwhile others specify the packaging directly on the face of the approvaL You note that\n§ l73.6l(e)(3) allows various lAS classification approvals (other than compatibility groups\nA or L), with proper inner and (if required) intermediate packaging to be shipped in the\nsame required outer packaging, without having to test and seek separate classification\napproval for each mixed packaging. You ask if several of these different lAS devices (not\nin compatibility groups A or L) may be shipped in the same outer packaging, under the\nprovisions of § 173.6l(e)(3)?\nThe answer is yes. Section 173.61(e)(3) allows for lAS explosives to be packaged together\nwith explosives of any other compatibility group except A or L, and the combined package\nmay be treated as belonging to any of the package compatibility groups except S. However,\nthe shipper must ensure that the approved explosives are shipped in accordance with the\nprescribed combination packing instructions as required by each explosives approval. This\nincludes adhering to any specific packing instructions such as ensuring that explosives\npackagings requiring orientation arrows are packaged as prescribed. Further, it is the\nopinion of this Office that § l73.61(e)(3) indicates an outer packaging is an overpack or\nouter packaging that contains the approved combination packaging which follows its\nindividual specific packing instruction for each approved explosive.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n-7~~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nftnar((O.S\n~ 110 ·to ,.\nE-K los III€LAWRENCE\nW. BIERLEIN 1\nNovember 7, 2011\nMr. Charles Betts\nStandards Division Director (PHH-IO)\nPipeline & Hazardous Materials Safety Administration\nU.S. Department of Transportation\nWashington, DC 20590\nRe: Interpretation of Sec. 173.61\nDear Mr. Betts:\nAn issue has arisen as a result ofphone calls through the PHMSA hotline and related telephone\nconversations with staff, but not with anyone in Standards. Nothing has been sent to the company in writing by\nthe agency, although requested, yet the company receiving this oral advice is reluctant to move forward based\nupon what they were told.\nSpecifically, the company holds several l.4S explosive device classifications. These are issued under\nSec. 173.56 in the form ofApprovals identifying the application, prescribing the proper shipping name, UN\nnumber, classification code, EX number, and product designation. Some ofthese Approvals refer to required\npackaging by Packing Instruction number in Sec. 173.62, such as PI 142, while others specify the packaging\ndirectly on the face of the Approval.\nThe question is whether several ofthese different l.4S devices may be shipped in the same outer\npackaging, under the provisions of Sec. 173.61 (e )(3). These devices all are classified l.4S and none are in\ncompatibility groups A or L.\nThe mixed packaging that is used conforms to the requirements set forth in the PI or on the Approval\nitself, i.e., the inner packaging is as prescribed, the proper intermediate packaging ifrequired is used, and the\nouter packaging is a UN 4G fiberboard box.\nThis paragraph ofthe regulations was adopted on June 21, 2001, with the statement in the rulemaking\npreamble that, \"Based on our own initiative, for Class 1 (explosives) mixed packaging requirements, we are\nrevising paragraph (e)(3) to allow explosives ofcompatibility group S that are allowed to be packaged with\nexplosives of all other compatibility groups, except A and L, to be treated as belonging to any ofthe packaged\ncompatibility groups except S.\" 66 Fed. Reg. 33326. We know ofno subsequent change to this regulation.\n1101 30th Street, NW Suite 500 tel 202-621>8355 www.hazmat·laWyer.com\nWashington, DC 20001 mobile 202-631·3222 larfy@hazmat~awyef,com\n\n<<<PAGE 3>>>\n\nThe hotline declared that placement of any lAS device in the same packaging with a different\nlAS device thereby constituted a new device, requiring fire testing, etc., ofthat particular mixed\npackaging. Having multiple products shipped in various numbers per carton based upon customer\nrequests, such an interpretation would impose a massive financial burden on the company. The burden\nwould entail the cost oftesting and awaiting Approvals based on the results of each variation ofmixed\npackaging, or shipping each device separately in its own pacKaging. In effect, this oral advice nullifies\nSec. 173.61(e)(3).\nPlease confirm that Sec. 173.6l(e)(3) remains valid, and allows various lAS classification\nApprovals (other than compatibility groups A or L), with proper inner and (if required) intermediate\npackaging to be shipped in the same required outer packaging, without having to test and to seek a\nseparate classification Approval of each mixed packaging.\nPlease contact me ifyou have any questions on this request for an interpretation of Sec. 173.61.\nThank you.\nSincerely,\nLawrence W. Bierlein\n2","truncated":false,"body_characters":5731}