Hilti North America — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue SE Washington. DC 20590 ~G 2 2 2012 Mr. Brandon Kapple Logistics Specialist Hilti North America 5400 South 122nct East A venue Tulsa, OK 74146 Reference No. 12-0100 Dear Mr. Kapple: This is in response to your April 19, 2012 e-mail to the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) Hazardous Materials Information Center asking if you may offer for transport "UN 0323, Cartridges, power device, 1.4S (explosive), PG II" as a limited quantity by United Parcel Service aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state this product has been issued a Competent Authority approval with notations stating it successfully passed the United Nations (UN) Manual of Tests and Criteria Test Series 6(d) test (51 h edition). Your letter was forwarded to the PHMSA's Standards and Rulemaking Division for a reply. The answer is yes. PHMSA revised the limited quantity provisions for Division 1.4S explosives in two final rules issued under Docket No. PHMSA-2009-0 126 (HM-215K) on January 19, 2011 [76 FR 3308], and December 30, 2011 [76 FR 82163] to harmonize them with international requirements. The following requirements and schedules apply to the cartridge power device you describe in your e-mail: Provision Effective Date To be transported by aircraft, must successfully pass the UN Test Series 6( d) reclassification tests as a limited quantity material (see§ 173.63(b)(l)(i)). After 07/01/11 To be transported by motor vehicle, railcar, or vessel, must successfully pass the UN Test Series 6( d) reclassification tests as a limited quantity material (see§ 173.63(b)(1)(i)). After 0 110 1112 May be reclassed as "ORM-D-AIR," packaged as authorized under the HMR on October 1, 2010, and marked with the proper shipping name "Cartridges, power device (used to Until 12/31112#

Page 2project fastening devices)" if the package successfully passes the UN Test Series 6(d) reclassification tests for an ORM-D- Air material effective 7/1111 (see§§ 173.63(b)(l)(ii)). If the articles are properly packaged as authorized under the HMR on October 1, 2010, and are included on the list of materials that may be shipped as an ORM-D under § 173.63(b)(l)(iii), the package may be marked with the proper shipping name "Cartridges, power device (used to project fastening devices)" and reclassed as an "ORM-D" material (see § 173 .63(b )(1 )(ii) and (b )(1 )(iii)). Until 12/31/13 In addition, packages of limited quantity Division 1.4S cartridge power devices transported by aircraft or vessel, or that meet the definition of a hazardous substance, hazardous waste, or marine pollutant are subject to the shipping paper requirements of 49 CFR Part 172, Subpart C (see§ 173.63(b)(1)(i)). Further, these packages must 1) be marked with the proper shipping name and identification number of the hazardous material contained in the package (see§ 173.315(a)); 2) conform to the general packaging requirements for transporting hazardous materials by aircraft prescribed in§ 173.27, as well as the maximum net quantity of hazardous material permitted per inner package for a limited quantity transported by aircraft under Table 3 of§ 173.27(f); 3) conform to the limited quantity requirements prescribed for cartridge power devices prescribed in § 173.63(b )(2); and 4) be marked with the limited quantity square-on-point marking with the symbol "Y" in the center as prescribed in § 173 .315(b ). The HMR excepts limited quantity Division 1.4S explosives packages from both labeling and placarding prescribed in 49 CFR Part 172, Subpart E and Subpart F, respectively (see§ 173.63(b)(l)(i)). Please note, in the Docket No. HM-215K final rule, PHMSA revised the HMR's list of prohibited hazardous materials and articles in Table 3 under§ 173.27(f) to clarify that Class 1 (explosive) materials that conform to the applicable provisions prescribed in§ 173.63(b) are authorized for transportation by aircraft. I hope this satisfies your request. Sincerely, ~~VY?rv ~.........------ T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2 --------·--------·- ---------------#

Page 3Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: ~N:U%~~;,~~~~ 1~:~6 Drakeford, Carolyn (PHMSA) 125 12 PM UN0323 as Limited 173.63 question-AIR- FWD as lnterp Request td fYl on sOt\ ~ l '7 3. ~~3 ~ i 13 ~ e21 Poe k Qj '~~ Ex ~P +irm s · J 2 -0 /()f) Hi Carolyn, ML Kapple requested this e-mail forwarded as letter Stevens. during his call with Mike Victoria From: Kapple, Brandon [mailto:Brandon.Kapple@hilti.com] Sent: Thursday, April 19, 2012 10:47 AM To: INFOCNTR (PHMSA) Subject: UN0323 as Limited 173.63 question-AIR Completed by AE via phone on 4/19/12 at 1:33 Hello: I have a product classified as UN0323 1.48 Cartridges, Power device PG II. It has a Competent Authority approval with passing notations for the new 6(D) test. In reading 173.63(B)"For transportation by aircraft, the package must conform to applicable requirement of 173.27 of this part and, effective July 1, 2011, Cartridge, power devices must be successfully tested under the UN Test Series 6(D) criteria for reclassification as limited quantity material. My question is can I tender this material as Limited Quantity to a parcel AIR transportation carrier? Package would consist of 1.4s label + "Y" limited quantity label+ Appropriate limited quantity shipper's declaration? Hilti North America 5400 S 122nd EAve I OK 74146 P 918-872-3471 IF 918-461-6471 E Brandon.kapple@hilti.com www.us.hilti.com 1#