{"operation":"document","citation":"17-0130","title":"Harrison Jet Guns II LP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-06-29","effective_on":null,"summary":"17-0130 response to Harrison Jet Guns II LP concerning 173.64, 173.65.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0130.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0130.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0130","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/65876/170130.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nJUN 2 9 2018\nJames Shelton\nProduct Reliability / Network Administrator\nHarrison Jet Guns II LP\n6915. Hudson Village Creek Road\nKennedale, TX 76060\nReference No. 17-0130\nDear Mr. Shelton:\nThis letter is in response to your November 29, 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to explosive\napproval numbers (EX-Numbers). Specifically, you ask whether an explosive may continue to\nbe shipped under a current EX-Number when a change is made in the formulation, design, or\nprocess so as to not alter any of the properties of the explosive, (e.g. a change that reduces the\nexplosive content contained in a charge) if both: (1) a \"not a new explosive letter\" is issued by an\nexplosives lab; and (2) an associated tracking number has been obtained from the\nU.S. Department of Transportation (DOT).\nThe answer is yes. Except as provided in §§ 173.64 and 173.65, no person may offer a new\nexplosive for transportation unless that person has specified to the examining agency the ranges\nof composition of ingredients and compounds, showing the intended manufacturing tolerances in\nthe composition of substances or design of articles which will be allowed in that material or\ndevice, and unless it has been examined, classed, and approved. For the purposes of the HMR, a\n\"new explosive\" means an explosive produced by a person who has previously produced an\nexplosive but has made a change in the formulation, design, or process so as to alter any of the\nproperties of the explosive. However, an explosive will not be considered a \"new explosive\" if\nan agency listed in § 173.56(b) has determined, and confirmed in writing to the Associate\nAdministrator, that there are no significant differences in hazard characteristics from the\nexplosive previously approved. Therefore, submission of the \"not a new explosive letter\" to\nPHMSA and receiving the associated tracking number provided by the DOT satisfies the written\nconfirmation requirement prescribed in § 173.56(a)(2).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nstevers\nExplosives\nJanuary, Ikeya CTR (PHMSA)\n17 - 0130\nSent:\nFrom:\nDerKinderen, Dirk (PHMSA)\nTo:\nWednesday, November 29, 2017 12:15 PM\nCc:\nNickels, Matthew (PHMSA); Hazmat Interps\nKelley, Shane (PHMSA)\nSubject:\nRe: Letter of Interpretation\nPlease assign asap and include a note for the assigned specialist to work with Bill Fink and/or Jackie Herrera.\nSent from my BlackBerry 10 smartphone on the Verizon Wireless 4G LTE network.\nSent: Wednesday, November 29, 2017 11:30 AM\nFrom: Nickels, Matthew (PHMSA)\nTo: Hazmat Interps\nCc: Kelley, Shane (PHMSA); DerKinderen, Dirk (PHMSA)\nSubject: FW: Letter of Interpretation\nHey Alice and Ikeya, please log and process as a new Interp request (James Shelton issue at the bottom of email chain).\nThanks, Matt\nMatthew B. Nickels\nSenior Regulations Officer (E24-420)\noffice: 202.366.0464 | work cell: 202.597.4187\nFrom: Fink, William (PHMSA)\nSent: Wednesday, November 29, 2017 11:15 AM\nTo: Kelley, Shane (PHMSA) ; Nickels, Matthew (PHMSA) \nCc: Herrera, Jacqueline (PHMSA) \nSubject: FW: Letter of Interpretation\nShane, Matt,\nLetter of interp please for Mr. Shelton.\nTY\nBill Fink\nFrom: Bartrum, Zeudi CTR (PHMSA) On Behalf Of EXPLO (PHMSA)\nSent: Wednesday, November 29, 2017 11:09 AM\nTo: Fink, William (PHMSA) \nSubject: FW: Letter of Interpretation\nBill,\nPlease see Mr. Shelton's email below. I mentioned the interpretation letter as you stated, but I guess there was\nconfusion on his end.\nZeudi\n1\n\n<<>>\n\nFrom: James Shelton [mailto:James.Shelton@higmfg.com]\nSent: Wednesday, November 29, 2017 10:47 AM\nTo: EXPLO (PHMSA) \nSubject: Letter of Interpretation\nDear Sir / Madam\nI've submitted two applications (tracking numbers 2017100201 and 2017114294) these are considered \"Not\na new explosive\". The applications involve two\nseparate testing labs and both have said once a tracking number is obtained I can legal ship charges with the explosive.\nDue to recent events, the availability of explosive\nhas been severely curtailed. We been given opportunity to obtain supplies used in other processes that changes from\nthe standard 1% to 1 - 6% which will reduce the\nexplosive content in all charges when used. I just wanted to get confirmation on being able to ship using the higher\nbinder content explosive before the current EX-Number\nis revised.\nI'm requesting a letter of interpretation that we are allowed to ship under current assigned EX-Numbers until as such\ntime as our applications have be processed and approved.\nThanks\nI HARRISON\nJames Shelton\nProduct Reliablity / Network Administrator\n6915 Hudson Village Creek Road\nTEL: 817.478.9216 ex 2232\nKennedale, Texas 76060\nFAX\n: 817.478.6910\nCELL: 817.891.8449\n2","truncated":false,"body_characters":5168}