Tom Dunaway and Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1Mr. Tom Dunaway President Tom Dunaway and Associates, Inc. 502 Big Creek Drive Delta, AL 46258 Reference No. 16-0182 Dear Mr. Dunaway: This letter is in response to your November 3, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of pre- printed shipping papers and recent changes to the Hazardous Materials Table (HMT). Specifically, you reference a final rule published by the Pipeline and Hazardous Materials Safety Administration (PHMSA) on June 2, 2016, titled Hazardous Materials: Miscellaneous Amendments (RRR) [HM-218H; 81 FR 35483]. In this final rule, PHMSA revised certain HMT entries, including the removal of the packing group (PG) II designation for certain explosives. As discussed in the preamble of this rulemaking, this amendment was intended to alleviate confusion and frustration of shipments, as well as align with international regulations. You indicate in your email that you currently ship explosives using pre-printed shipping papers that list the PG II designation in the basic description although it was removed in the HM-218H Final Rule. Specifically, you ask if you may continue to use these pre-printed shipping papers. The answer is yes. In accordance with § 172.101(I)(1)(ii), when a change is made to the HMT, a shipper may continue to use pre-printed shipping papers until the supply is depleted or for a one- year period, subsequent to the effective date of a regulatory change to the HMT. As the effective date of the HM-218H Final Rule was July 5, 2016, the pre-printed shipping papers may be used until they are depleted or through July 5, 2017, whichever comes first. However, after July 5, 2017, a shipping paper may no longer display the PG II designation for those HMT entries changed in HM-218H.#

Page 2Sincerely, Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Please submit this as a letter of interpretation. I spoke with Mr. Dunaway. Please let me know if you have any questions. Thanks, Jordan From: Tom Dunaway [mailto:tdadunaway@gmail.com] Sent: Thursday, November 03, 2016 1:38 PM To: INFOR (PHMSA) Subject: Request for Interpretation I am attaching a letter asking for an interpretation. Please let me know if this email is sufficent or if I need to mail a copy of the request. Thank you Tom Dunaway Tom Dunaway TDA, Inc. 502 Big Creek Drive Delta, AL 36258 H 256-488-5580 F 256-488-5511 C 954-401-3500 tdadunaway@gmail.com#

Page 4all pallance I am requesting an interpretation on the following question The final rule issued in HM Docket 218 H dated June 2, 2016 eliminated all references to class 1 materials in the table 172.101. Also section 172.202(a)(4) exempts class 1 materials from the requirement of entering the PG group on shipping papers. Sections 173.62(a) requires all packages for class 1 to be tested at the PG II level. Most companies that ship explosives have for years had pre-printed shipping papers that have the PG column filled in. We understand that in accordance with the provisions of 172.202(a)(4) that the PG I is not required on shipping papers but the question that arises is if a shipper places PG II on the shipping paper is it now a violation, even though 173.62(a) does require those packages to be tested at the PG Il level. Thank you for your replay Tom Dunaway President Tom Dunaway Tom Dunaway and Associates, Inc. 502 Big Creek Drive Delta, AL 46258 Office Phone: 256-488-5580 FAX 256-488-5511 Mobile: 954-401-3500 Email: tdadunaway@gmail.com#