W. T Bell International Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, DC 20590 Materials Safety Pipeline and Hazardous Administration APR 1 3 2017 James G. Rairigh Vice President W. T. Bell International, Inc. 8811 Emmott, #1900 Houston, TX 77040 Reference No. 16-0205 Dear Mr. Rairigh: This letter is in response to your December 22, 2016, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging requirements for explosives. You provide a scenario where an approval, EX 2013040288, classifies certain radial shaped charges as UN0440 when packaged in accordance with the approval. Packing instruction 137 is assigned to UN0440 in § 173.62, and it requires an orientation mark for conical shaped charges. Specifically, you seek confirmation of your requirements in § 173.62. understanding that the packaging description in EX 2013040288 takes precedence over the The answer is yes. The competent authority approval issued by the Associate Administrator for Hazardous Materials Safety is the definitive statement of proper shipping name, identification number, and classification code for explosives. The approval document may also contain additional stipulations, including packaging requirements. Any packaging information contained in the approval document takes precedence over the requirements contained in the Table of Packing Methods in § 173.62. Therefore, radial shaped charges transported under EX 2013040288 must be packaged in accordance with the methods specified in this approval and are not subject to packing instruction 137 in § 173.62. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, lenaster T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Kiehman 173.602 Goodall, Shante CTR (PHMSA) Speake Packasis Regiments From: 16 - 0205 Sent: INFOCNTR (PHMSA) To: Tuesday, December 27, 2016 3:01 PM Subject: Hazmat Interps Attachments: FW: Interpretation Request Enclosures.pdf; Letter to PHMSA 12-22-16.pdf Hi Shante/Alice, Please submit this as a letter of interpretation. Please let me know if you have any questions. Thanks, Eamonn From: Tina Yates [mailto:tina.wtbii@hughes.net] Sent: Thursday, December 22, 2016 7:50 PM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Cc: JRairigh@aol.com Subject: Interpretation Request Dear Sir or Madam, Attached please find our Request for interpretation as well as supporting documents. Thank you in advance for your help, Tina@wtbell.com / (936) 344-2225 / (936) 355-9825 Tina W. Yates / Materials & Compliance Manager www.wtbell.com W. T. Bell International, inc.#

Page 3U.S. Department of Transportation 1200 New Jersey Avenue, Southeast Essl Bullding, PHH--32 Materials Safety Administration Pipeline and Hazardous The US Departmeat of Transportation Washington, D.C. 20580 Competent Authority for the United States CLASSIFICATION OF EXPLOSIVES Based upon a request by W.T. Bell International, Inc., 2534B FM 1375 East, Huntsville, TX 77340, United States the following items are classed in accordance with Section 173.56, Title 49, Code of Federal Regulations (49 CFR). A copy of your application, all available to DOT upon request. supporting documentation and a copy of this approval must be retained and made UN. PROPER SHIPPING NAME AND NUMBER: Charges, shaped, without detonator, UN0440 U.N, CLASSIFICATION CODE: 1.4D EX2013040288 REFERENCE NUMBER PRODUCT DESIGNATION/PART NUMBER D/N: 301-IP-DOT, P/N's: 1580T101PA, 1680S001, 1680T001PA, 1813S001, 1900S001, 20638001, 2063T001PA, 2125S001, 2125T001PA, 2250S001, 2250T001PA, 25008101, 2500T101PA and 2750S101 NOTES: This classification is only valid for shape charges with net explosive weight not more than 38 grams, when packaged as follows: Inner Paokaging - Bags, plastic hermetically sealed, each containing a single unit pre-wrapped in anti-static polyethylene foam and bubble wrap. Outer Packaging - UN 4G fiberboard box with double corrugated fiberboard padding liner (thickness not less than ¼ inch each) and double corrugated fiberboard pads (thickness not less than 2 inches each) at both ends, each containing a single inner packaging. DATED: 06/18/2013 For Dr. Magdy El-Sibaie Associate Administrator for Hazardous Materials Safety Tracking No: 2013040459 Page 1 of 1#

Page 4of Transportation U.S. Department 400 Seventh Street, S.W. Pipeline and Washington, D.C. 20590 Administration Hazardous Materials Safety APR 12 2005 Mr. Paul Shelton Hazmat Seminars Ref No.: 05-0033 Post Office Box 6122 Oak Ridge, Tennessee 37831 Dear Mr. Shelton: This responds to your January 26, 2005 letter requesting clarification of the packaging requirements for explosives contained in § 173.62 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if shippers are free to utilize any option provided in the referenced packing instruction for an explosive, assuming there is no packaging specified in the approval letter, even when that option differs from the configuration in which classification testing was conducted. The competent authority approval issued by the Associate Administrator for Hazardous Materials Safety is the definitive statement of proper shipping name, identification number, and classification code for new explosives. The approval document may also contain additional stipulations, including packaging requirements. Any packaging information contained in the approval document takes precedence over the requirements contained in the Table of Packing Methods in § 173.62. If the approval does not contain specific packaging requirements, the explosive must be packaged as prescribed in the Table of Packaging Methods found in § 173.62. In these instances, you may utilize any packaging configuration authorized by the packing instruction for the explosive. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, John A. Gale Chief, Standards Development Office of Hazardous Materials Standards 173.62 050033#

Page 5HAZMAT SEMINARS OAK RIDGE, TENNESSEE 37831 POST OFFICE BOX 6122 Supko 007/RSPA/ CERTIFIED MAIL NO. 8708 3240 8173.62 OSFEB -7 PM RETURY RECEIPT REQUESTED Packaging of January 26, 2005 05 FEB - 7: Chief, Interpretations Explosives DOT/RSPA/OHMS Research and Special Programs Administration 05-0033 U.S. Department of Transportation PM 4: 48 HA!? 400 Seventh Street, SW Washington, DC 20590 Re: 49 CFR 173 Subpart C: Packaging of Explosives I am an instructor in hazardous materials transportation regulations, including the DOT Regulations applicable to the classification, packaging, and transportation of explosives. Packing Methods in §173.62. An issue has arisen in several classes concerning the flexibility provided by the Table of additional requirements or limitations in the document, frequently stipulating packaging which much be utilized for commercial transport. Where such stipulations differ from classification document takes precedence over the Table. provisions in the Table of Packing Methods in §173.62, it is understood that the The question concerns those situations in which the new explosive classification document is silent on packaging requirements, and the identification number is used to reference a packing instruction in §173.62. In such situatiors, are shippers free to utilize any option provided in the referenced packing instruction, even when that option differs from the configuration in which classification testing was conducted? It would appear from the plain language of the Regulations that, absent a prescription or limitation in the classification document, unrestricted use of the Table of Packing Methods is allowed. If this is not correct, please advise of the correct interpretation. Thank you for your assistance. Paul Shelton HAZMAT SEMINARS TELEPHONE: (865) 693-2837 • FAX: (865) 470-4444#

Page 6W. T. Bell International an explosives specialty group 8811 EMMoTT, SuITE 1900 HOUSTON, TX 77040 (713) 306-1262 Rairigh@aol.com U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 22 December 2016 Mr. Jim Rairigh Vice President 8811 Emmott, #1900 W.T. Bell International, Inc. Houston, TX 77040 Dear Sir or Madam: One of our shaped charge products, UN0440, was recently rejected by the carrier because it did not comply with 49 CFR §173.62, packaging instruction 137. The specific reason for rejecting our shipment was that our package contained a single shaped charge but did not have an orientation label ("THIS SIDE the approval letter's, EX2013040288, packaging note. Our understanding of the hazardous materials UP") as required by the packaging instruction. However, the package and its labeling fully complied with general directions contained in the CFR's packaging instruction, see PHMSA ref. no. 050033. regulations is that the directions contained in the packaging note shall be used in preference to the The subject shaped charge is a radial shaped charge known in the field as a "pipe cutter." As such the shaped charge effect covers a full 360 degrees. Because of this geometry there is no orientation in which all of the jet will act in a downward direction. The orientation requirement of packaging instruction 137 is therefore ineffectual for radial shaped charges. The orientation requirement is only effectual for conical and linear shaped charges, both of which act only in one direction. package? Were we correct in offering our product for transport without the orientation label affixed to the For future shipments, should our package have an orientation label affixed to it? Sincerely, James G. Rairigh Jim Rairigh Vice President Enclosures (2)#

Page 7of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, DC 20590 Materials Safety Pipeline and Hazardous Administration APR 1 3 2017 James G. Rairigh Vice President W. T. Bell International, Inc. 8811 Emmott, #1900 Houston, TX 77040 Reference No. 16-0205 Dear Mr. Rairigh: This letter is in response to your December 22, 2016, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging requirements for explosives. You provide a scenario where an approval, EX 2013040288, classifies certain radial shaped charges as UN0440 when packaged in accordance with the approval. Packing instruction 137 is assigned to UN0440 in § 173.62, and it requires an orientation mark for conical shaped charges. Specifically, you seek confirmation of your requirements in § 173.62. understanding that the packaging description in EX 2013040288 takes precedence over the The answer is yes. The competent authority approval issued by the Associate Administrator for Hazardous Materials Safety is the definitive statement of proper shipping name, identification number, and classification code for explosives. The approval document may also contain additional stipulations, including packaging requirements. Any packaging information contained in the approval document takes precedence over the requirements contained in the Table of Packing Methods in § 173.62. Therefore, radial shaped charges transported under EX 2013040288 must be packaged in accordance with the methods specified in this approval and are not subject to packing instruction 137 in § 173.62. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, lenaster T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#