{"operation":"document","citation":"98-0227","title":"Manufacturers' Institute, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-10-07","effective_on":null,"summary":"98-0227 response to Manufacturers' Institute, Inc concerning 173.61.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0227.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0227.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0227","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980227.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWas egon, S. 0.\n20590\nResearch and\nministration\npecial Program\nOCT\n/ 1998\nMr. Robert Van Duzer\nHazardous Materials Consultant\nRet. No.\n98-0227\nSporting Arms and Ammunition\nManufacturers' Institute,\nInc.\n121 Beverly Drive\nKennett Square, PA 19348\n•\nDear Mr. Van Duzer:\nThis is in response to your letter dated July 29, 1998,\nrequesting clarification of the mixed packaging requirements\nunder $ 173.61 (a) of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180).\nThe intent of § 173.61 is to prohibit the packaging of explosive\nItems with any other material in the same outside packaging. As\nused in s 173.61, the phrase \"any other material\" includes\nnazardous material and non-hazardous material. Thus, no other\nmaterial may be placed in the same outside packaging with the\nexplosive.\nI hope this satisfies your inquiry. If you need additional\nassistance, please do not hesitate to contact us.\nSincerely,\nHothe z, michell\nHattie I. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nA AM I\nstevens\nSPORTING ARMS AND AMMUNITION MANUFACTURERS' INSTITUTE, INC.\n§ 173.61\nR. Van Duzer\nConsultant\nJuly 29, 1998\nU.S. Department of Transportation\nResearch and Special Programs Administration\nOffice of Hazardous Materials Standards\n400 Seventh Street, S. W.\nWashington, DC 20590\nAttention: Mr. Edward T. Mazzullo, Director\nDear Mr. Mazzullo:\nI am writing to you for an interpretation of the language contained in § 173.61(a) of 49\nCFR, Mixed packaging requirements. This section pertains to the mixed packaging\nrequirements for explosives and reads as follows:\nUnless specifically authorized in this subchapter, an explosive may not be\npacked in the same outside packaging with any other material, unless\npackaged by the DOD or DOE in accordance with § 173.7(a) of this\nsubchapter.\nApplying a literal translation, it would appear that the regulations preclude us from\nincluding any material, hazardous or non-hazardous, in the same outside packaging\ncontaining explosives, except for those enumerated in § 173.61.\nOccasionally, our member companies find it necessary to include product information,\noperational instructions (literature and or video), or promotional materials, 1.e., ball-caps,\nI-Shurts, belts, etc. together in the same shipment containing various explosive products.\nThe majority of our products are included in hazard class 1.4S with certain items being\nclassified as 1.4B and 1.3C.\n•\ncontaining explosive products?\nAre we permitted to include non-hazardous materials in the same outside packaging\nWe appreciate your assistance and look forward to your reply.\nSincerely yours,\nRobert Van Duzer\nHazardous Materials Consultant\ncompagitseami mixod packaging dot request. wpe\n121 BEVERLY DRIVE - KENNEMAN SHIPISANEOAOL.COM14-2696 - FAX (610) 414-2696\n\n<<<PAGE 3>>>\n\n- i\nEX PARTE CONTAÇTS\nGENERAL\nAn ex parte contact is an oral contact between the public and the rulemaking agency\noutside a public hearing. —\n• If a DOT employee has a substantive, ex parte communication, he or she must place in\n• Contacts made before a rulemaking document is issued that influence a rulemaking\nshould be noted in the preamble to the proposed rule for the rulemaking docket once it\n• The closer we are to the issuance of a proposed rule, the more oral communications\nshould be discouraged.\nOral contacts after a proposed rule is issued also should be discouraged. Commenters\nshould be encouraged to make their comments through regular procedures.\nOral contacts after a comment period ends should be strongly discouraged. In addition,\noral communications that occur after the end of a comment period must be carefully\nreviewed to see whether reopening of the commend period will be required.\nEXCEPTIONS\n•\nIt is permissible to talk to the public at all stages of a rulemaking but only to provide\nthem with information otherwise available to the public. (E.g., after an NPR.V is\nissued, you may generally describe the substance of a proposal or explain the\nadvise someone about its specific proposals or the date it will be issued.)\nterminology that is used in the proposal. Before an NPRM is issued, you should not\n•\nIt may also be permissible to talk to the public to clarify written comments or to obtain\nup-to-date information needed for the rulemaking (e.g., on the availability of parts that\nChief Counsel's or General Counsel's office.\nmay be required). Such communication should occur only following clearance from the\n•\nOral contacts with another executive branch agency are generally permissible as long as\nagency does not intend to submit comments to the rulemaking docket.\nthe other agency is not acting as a conduit for public comments and as long as the other\nALTERNATIVES\n• APAN noblegal damment a under almin procedure mait\n• Public meetings or workshops to discuss specific issues.\n• Federal Advisory Committees.\ncourtin.\ndecision)\n\n<<<PAGE 4>>>\n\n3*..\n173.87 (a)\n173.87 (a)\nClarification of phrases - Ibis section Is Intended to pro-\nhibit the packaging of explosive Items with different shipping\nnames in the same outside package unless a specific regulation\nelsewhere in Part 173 provides otherwise. It also prohibits\nthe packaging of explosive Items with items of a foreign nature\nin the same outside package. Io this end the following phrases\nare defined:\n(a)\n\"With each other\" means with explosives covered by\ndifferent descriptions or different shipping names.\n(b) \"With other articles\" means with articles foreign to\nthe explosive or device packaged, and other hazardous .\nmaterials.\n(c) Weight of any interior package of explosives does not\n* rai\nexceed 8 ounces\" means the total weight of the interior\npackage including the inner packaging, cushioning material\nand the explosive or explosive device does not exceed 8\nounces.\n- OHMO letter to McDonnell-Douglas - June 12, 1974\nX\n173.8%","truncated":false,"body_characters":5909}