{"operation":"document","citation":"17-0111","title":"Institute of Makers of Explosives — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-03-30","effective_on":null,"summary":"17-0111 response to Institute of Makers of Explosives concerning 171.12, 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0111.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0111.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0111","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57896/17-0111.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, DC 20590\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nMAR 3 0 2018\nAdministration\nSusan JP Flanagan\nLegislative & Regulatory Counsel\nInstitute of Makers of Explosives\n1212 New York Avenue NW Suite 650\nWashington, DC 20005\nReference No. 17-0111\nDear Ms. Flanagan:\nThis letter is in response to your September 26, 2017, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to revisions made by\nthe June 2, 2016, final rule titled \"Hazardous Materials: Miscellaneous Amendments (RRR)\"\n[HM-218H; 81 FR 35483], which removed the packing group (PG) II designation for Class 1\nexplosives from the Hazardous Materials Table (HMT).\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou describe a scenario in which a special permit issued prior to June 2, 2016, includes\nthe packing group for Class 1 explosives, which has since been removed by the\nHM-218H final rule.. The special permit does not otherwise specify requirements related\nto the packing group. You ask whether the inclusion of the packing group in the\nhazardous materials description for the special permit requires the shipper to include the\npacking group on the shipping paper.\nAl. The answer is no. Section 172.202(a)(4) provides a long-standing exception from the\nrequirement to list a packing group on the shipping paper for Class 1 materials. The\npacking group was not required prior to the publication of the HM-218H final rule. The\nHM-218H final rule removed the packing groups to better clarify that packing groups on\nshipping papers are not required for certain HMT entries.\nQ2. You ask whether shipping papers filled in accordance with Canadian Transportation of\nDangerous Goods (TDG) Regulations are permitted to display a packing group.\nA2. The answer is yes. As provided in § 171.12(a), a hazardous material classed, marked,\nlabeled, placarded, described on a shipping paper, and packaged in accordance with the\nTDG Regulations, issued by the Government of Canada, may be offered for\ntransportation and transported to or through the U.S., by motor vehicle or rail car.\nTherefore, such shipments may display a packing group in accordance with the TDG.\n\n<<<PAGE 2>>>\n\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nAlenn Tost\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nLehman\nJanuary, Ikeya CTR (PHMSA)\nFrom:\nDerKinderen, Dirk (PHMSA)\nSent:\nWednesday, October 11, 2017 11:35 AM\nTo:\nJanuary, Ikeya CTR (PHMSA); Dodd, Alice (PHMSA)\nSubject:\nFW: (Final) Ltr of Interp Request 22SEP17.docx\nAttachments:\n(Final) Ltr of Interp Request 26SEP17.docx\nPlease enter this request into our database and assign. Also, please be sure to include the below points from Shane.\nSuggested points for an interp that addresses the HMR requirements:\n(1) the PG has was optional under HMR before we changed the table display and remains optional (need to confirm if\ntrue - that is my understanding)\n(2) the PG was removed from the Table simply to visually clarify that it is not (nor was it previously) required on the\n(3) an SP that shows a PG in displaying the entry does not change the fact that no PG is required on the shipping paper\nshipping paper\nunder the HMR; and\n(4) a shipping paper showing the PG (such as one conforming to the TDGR) is not in violation of the HMR (172.202(a)(4)\nprovides an option but it is not a violation to show it).\nSincerely,\nDirk Der Kinderen\nFrom: Inch, Kimberly CTR (PHMSA)\nSent: Tuesday, September 26, 2017 4:46 PM\nTo: DerKinderen, Dirk (PHMSA) <Dirk.DerKinderen@dot.gov>; Foster, Glenn (PHMSA) <Glenn. Foster@dot.gov>\nCc: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>\nSubject: FW: (Final) Ltr of Interp Request 22SEP17.docx\nHi Dirk,\nJust wanted to make sure you received the attachment.\nThanks!\nKim Inch\nExecutive Assistant\nOffice of Hazardous Materials Safety\nUS DOT | PHMSA Contractor\nUnispec Enterprises, Inc.\nE21-317| 202-366-0656\nFrom: Susan Flanagan [mailto: siflanagan@ime.orgl\nSent: Tuesday, September 26, 2017 2:21 PM\nTo: Meidi, Rachel (PHMSA) <rachel.meid@dot.gov>\nCc: dsatkowiak ime.org <dsatkowiak@ime.org>\nSubject: (Final) Ltr of Interp Request 22SEP17.docx\nHello Dr. Meidl,\n\n<<<PAGE 4>>>\n\nPlease see the attached request for a Letter of Interpretation re the elimination of the PG Il determination for Class 1\nshipments.\nPlease let me know if you have any questions or concerns.\nThank you,\nSusan\nSusan JP Flanagan\nInstitute of Makers of Explosives\nCounsel for Legislative & Regulatory Affairs\n202.674.7123\nwww.ime.org\nI HAVE MAV. DIS ADDRESSE\nWashington, DC 20005\n2","truncated":false,"body_characters":4732}