{"operation":"document","citation":"14-0182","title":"Reagent Chemical — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-04-02","effective_on":null,"summary":"14-0182 response to Reagent Chemical concerning 172.704, 173.151, 173.171, 173.56, 173.58, 173.6, 177.800, 177.816.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0182.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0182.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0182","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140182.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington, DC 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nAPR 0 2.2015\nMr. Robert Dritschel\nReagent Chemical\n115 U.S. Highway 202\nRingoes, NJ 08551\nReference No. 14-0182\nDear Mr. Dritschel:\nThis is in response to your recent e-mail requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for\ntransporting \"NA 3178, Smokeless powder for small arms (100 pounds or less), 4.1\n(flammable solid), Packing Group (PG) I.\" We have paraphrased your questions and\nanswered them in the order provided.\nQ1.\nCan any quantity of smokeless powder be classified under the \"Consumer\ncommodity, ORM-D\" designation?\nAl.\nThe answer is no. The \"None\" in Column 8A (Packaging Exceptions) of the\nHazardous Materials Table (HMT; § 172.101) for the entry \"NA 3178, Smokeless\npowder for small arms, 4.1, PG I,\" denotes that the HMR does not permit this\nmaterial to use the limited quantity and consumer commodity exceptions prescribed\nfor PG II and PG III, Division 4.1 materials in § 173.151.\nQ2. Is there any quantity of smokeless powder that can be transported without a\nhazardous materials bill of lading?\nA2. Division 1.3C or 1.4C smokeless powder for small arms may be reclassed as\nDivision 4.1 provided all the conditions in § 173.171 are met. Division 4.1, PG I\nmaterial may be transported by motor vehicle under the Materials of Trade (MOTs)\nexception in § 173.6. To retain its classification as a Division 4.1 material when\ntransported as MOTs, smokeless powder must meet the conditions of both\n§§ 173.171 and 173.6. These sections together require that smokeless powder:\n• must be transported domestically by motor vehicle;\n• must be reclassed in conformance with §§ 173.56 and 173.58;\n• may not exceed 45.5 kg (100 pounds) net mass in one motor vehicle;\n• must be placed only in combination packages -\n• in amounts up to 0.5 kg (1 pound) gross mass per inner packaging,\n• where inner packagings are arranged and protected to prevent\nsimultaneous ignition of the contents,\n\n<<<PAGE 2>>>\n\n• where the outer packaging is a UN 4G fiberboard box that meets the\nPG I performance standard, and\n• where the completed package must be the manufacturer's original\npackaging, or one of equal or greater strength and integrity, and must be\nthe same type that was examined for the material as required in\n§ 173.56}\n• must not exceed a net weight of 7.3 kg (16 pounds) in one completed package;\n• must be placed in packagings that are sift proof for solids, securely closed,\nsecured against shifting, and protected against damage; and\n• must be marked with common name or proper shipping name to identify the\nmaterial it contains, including the letters \"RQ\" if it contains a reportable\nquantity of a hazardous substance.\nIn addition, the operator of the motor vehicle must be informed of the presence of\nsmokeless powder on board the vehicle and the requirements of § 173.6.\nQ3. Does the driver of any quantity of smokeless powder have to be hazmat trained\nand/or certified?\nA3. Unless otherwise excepted, the answer is yes. Each hazmat employee affecting.the\nsafe commercial transportation of a hazardous material, such as smokeless powder\nfor small arms, must be certified by a hazmat employer as being trained in\naccordance with 49 CFR Part 172, Subpart H. The hazmat employer must create\nand retain a record of the employee's training and provide the employee with\nrecurrent hazmat training every three years (see § 172.704 (c) and (d)). In addition,\noperators of motor vehicles, including personal vehicles, transporting hazardous\nmaterials must fulfill the driver training requirements prescribed in §§ 177.800(c)\nand 177.816. Drivers of smokeless powder reclassified as a Division 4.1 material\nand transported under the MOTs exception must be trained in the provisions of\n§§ 173.6 and 173.171, as applicable, to ensure that the smokeless powder is eligible\nto be reclassed as a Division 4.1 and complies with all applicable conditions\nin § 173.6 and 173.171 to retain this eligibility. Further, in conformance with the\nFederal Motor Carrier Safety Administration's regulations, only drivers\ntransporting hazardous materials in vehicles that are required to be placarded under\nSubpart F of Part 172 of the HMR must have a hazardous materials endorsement on\ntheir Commercial Driver's License (see § 383.93).\nQ4.\nSmokeless powder can be reclassified from Division 1.3 or 1.4 (explosive) to 4.1\nfor domestic shipments by following the conditions required to qualify for this\nexception in § 173.171 of the HMR. Does adherence to these noted conditions\nprovide relief from any other HMR requirements?\nA4.\nOther than as referenced earlier in this letter, the answer is no.\nQ5.\nWhat are the HMR's requirements that permit several 8 pound containers weighing\nless than 100 pounds total to be transported domestically by vessel?\n2\n\n<<<PAGE 3>>>\n\nAS.\nSmokeless powder for small arms that has been approved and classed as Division\n1.3C or 1.4C (explosive) may be reclassed as a Division 4.1 material when\ntransported domestically by motor vehicle, rail car, vessel, or cargo-only aircraft,\nprovided the applicable provisions in § 173.171 are met. Section 173.171 requires\nthat:\n• These powders must be reclassed in conformance with the provisions\nprescribed in §§ 173.56 and 173.58 (see § 173.171(a));\n* The total quantity of smokeless powder may not exceed 45.5 kg (100 pounds)\nnet mass in one rail car, motor vehicle, or cargo-only aircraft, or in one freight\ncontainer on a vessel where the vessel contains up to four of these freight\ncontainers (see § 173.171(b));\n• Only combination packagings with inner packagings not exceeding 3.6 kg\n(o pounds) net mass are authorized, where inner packagings must be arranged\nand protected so as to prevent simultaneous ignition of the contents, and the\ncomplete package must be of the same type which has been examined as\nrequired in § 173.56 (see § 173.171(c)); and\n• Inside packages that have been examined and approved by the Associate\nAdministrator may be packaged in UN 4G fiberboard boxes meeting the PG I\nperformance level, provided all inside containers are packed to prevent shifting\nand the net weight of smokeless powder in any one completed package does not\nexceed 7.3 kg (16 pounds) (see § 173.171(d)).\nPlease note that, in addition to these conditions, all other applicable HMR\nrequirements to the transportation of these materials must be met.\nI hope this satisfies your request.\nSincerely,\n1. Alenn aste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n3\n\n<<<PAGE 4>>>\n\nEdmonsan\n3173.11\n2M - 1\nDodd, Alice (PHMSA)\n14-0182\nFrom:\nCiccarone, Michael CTR (PHMSA)\nSent:\nTo:\nFriday, October 03, 2014 9:39 AM\nHazmat Interps\nSubject:\nFW: Smokeless Powder Transportation\nShante and Alice,\nPlease submit this for a formal letter of interpretation. Mr. Dritschel briefly spoke with Shelby Geller in the HMIC.\nThanks,\nMike\n-----Original Message-----\nFrom: Bob Dritschel [mailto:bdritschel@reagentchemical.com]\nSent: Friday, October 03, 2014 8:29 AM\nTo: INFOCNTR (PHMSA)\nSubject: FW: Smokeless Powder Transportation\nI would like to request a formal letter of interpretation for the following questions.\nIf the formal letter of interpretation can be sent back via email, I would appreciate it.\nIf it cannot, please mail the letter to the following address:\nRobert Dritschel\nReagent Chemical\n115 US Hwy 202\nRingoes, NJ 08551\nI am inquiring in regard to the transportation requirements for Smokeless Powder, specifically listed as NA3178\nThe questions that I have are as follows:\nI Can any quantity of smokeless powder be classified under the ORM-D designation?\n~ Is there any quantity of smokeless powder that can be transported without placarding and a HazMat Bill of Lading?\n3 Does the driver transporting any quantity of smokeless powder have to be HazMat certified?\nI see in 49 CFR 173.171 that smokeless powder can be reclassified from HazMat Division 1.3 to 4.1 for domestic\nshipments by following the noted conditions; does the adherence to the noted conditions relieve any of the other\nrequirements for hazardous material transportation?\n& What would be the domestic requirements to transport several 8 pound containers weighing less than 100 pounds total\nin the transportation vessel?\n1\n\n<<<PAGE 5>>>\n\nI appreciate your response,\nBob Dritschel","truncated":false,"body_characters":8470}