# Doughty & Carson, PLLC — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 12-0052
- **title:** Doughty & Carson, PLLC — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2012-03-23
- **effective on:** Not available
- **summary:** 12-0052 response to Doughty & Carson, PLLC concerning 173.63.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0052.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0052.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-12-0052
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120052.pdf
**body:**

<<<PAGE 1>>>

U.S. Department 1200 New Jersey Avenue. SE
of Transportation Washington. D.C. 20590
Pipeline and Hazardous
Materials Safety
Administration
MAR 23 2012
Mr. Oliver D. Adams
Hodges, Doughty & Carson, PLLC
P.O. Box 869
617 W. Main Street
Knoxville, Tennessee
Ref. No.: 12-0052
Dear Mr. Adams:
This responds to your February 8, 2012 letter requesting clarification of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the packaging
exceptions for cartridges, small arms. Specifically, you ask if the only option § 173.63(b)(2)
permits is for small arms ammunition/cartridges to be fit snugly into an inner box and then
placed securely into an outside box. Additionally, you provide a spreadsheet with a list of
numerous packaging scenarios for small arms ammunition and ask whether they comply
with § 173.63(b)(2).
As specified in § 173.63(b)(2), there are multiple packaging options for the cartridges, small
arms and cartridges, power devices as a limited quantity or other regulated material (ORMD).
As specified in paragraph (b)(2)(i), ammunition must be packed: (1) in inside boxes, (2)
in partitions which fit snugly in the outside packaging, or (3) in metal clips. Depending on
which of the three options was chosen, the inside boxes, the partitions, or the metal clips
must be further packed in securely-closed strong outside packagings, as specified in
paragraph (b )(2)(iii). Therefore, provided that you comply with all other relevant provisions
in § 173 .63(b )(2), your packaging would be acceptable for the transportation of a limited
quantity of cartridges, small arms, and cartridges, power devices. In addition, provided your
numerous packaging scenarios for small arms ammunition utilize a permitted packaging
configuration, they also would be acceptable to transport limited quantities of the above
hazardous materials per the HMR.
I hope this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

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Drakeford. Carolyn (PHMSA) ~11/· ~
From: INFOCNTR (PHMSA) Paeka.gj~ e}{e.e(Jh~f}5
Sent: Thursday, February 09,201212:42 PM
To: Drakeford, Carolyn (PHMSA) IA-005"Z
Subject: FW: Shippers-General Requirements and Packaging Section 173.63 ORM-D question
Attachments: Copy of Packaging Scenarios.xlsx
Hi Carolyn,
We received the following request for a letter of interpretation.
Thanks,
Victoria
Victoria Lehman
Hazmat Information Center (HMIC)
http:Uphmsa.dot.gov/hazmat/info-center
(202) 366-1035
From: Oliver D. Adams [mailto:OAdams@hdclaw.com]
Sent: Wednesday, February 08, 20123:38 PM
To: PHMSA HM InfoCenter
Subject: Shippers-General Requirements and Packaging Section 173.63 ORM-D question
Dear Hazardous Materials Information Center,
I would like to request your guidance/interpretation with respect to Section 173.63(b){2), the ORM-D exception to
shipping "cartridges, small arms." Specifically, I am trying to ensure that packaging meets with the requirements of
Subsection (b){2)(i) and (iii). In order to better understand what the regulations meant by ammunition must be packed
in "inside boxes" and then the "inside boxes" must be packed in securely-closed strong "outside packagings," I reviewed
the definitions contained in Section 171.8, and the other sections containing definitions. I was able to find a definition
for the term "outside packaging" in Section 171.8, which says that "package or outside package means a packaging plus
it contents." Does Section 173.63(b)(2) require that ammunition/cartridges, small arms be fit snuggly into a box (the
inside bOx) and this box is then placed securely into another box (the outside bOx)? Essentially, I am finding it difficult to
put the words from the regulations into action on the packaging. I am attaching to this e-mail a spreadsheet that has a
description of the type of packaging I think comes within the regulations, some of which have links to pictures of the
same, if you would evaluate each of the scenarios and indicate whether each scenario complies with the requirements
of Section 173.63{b)(2), or how it fails to do 50, I would appreciate it. I just want to make sure this is right.
Your guidance is very much appreciated,
Thank you,
-Oliver D. Adams
Hodges, Doughty & Carson, PLLC
P.O. Box 869
617 W. Main Street
Knoxville, Tennessee
oadams@hdclaw.com
(865) 292-2225 phone
1
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