Limited Quantities of "Cartridges, Power Device" Transported by Aircraft

This is in response to your April 19, 2012 e-mail to the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) Hazardous Materials Information Center asking if you may offer for transport "UN 0323, Cartridges, power device, 1.4S (explosive), PG II" as a limited quantity by United Parcel Service aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state this product has been issued a Competent Authority approval with notations stating it successfully passed the United Nations (UN) Manual of Tests and Criteria Test Series 6(d) test (5th edition). Your letter was forwarded to the PHMSA's Standards and Rulemaking Division for a reply.

The answer is yes. PHMSA revised the limited quantity provisions for Division 1.4S explosives in two final rules issued under Docket No. PHMSA-2009-0126 (HM--215K) on January 19,2011 [76 FR 3308], and December 30, 2011 [76 FR 82163] to harmonize them with international requirements. The following requirements and schedules apply to the cartridge power device you describe in your e-mail:

Provision Effective Date

To be transported by aircraft, must successfully pass the UN After 07/01111
Test Series 6(d) reclassification tests as a limited quantity
material (see § 173.63(b)(l)(i)).

To be transported by motor vehicle, railcar, or vessel, must After 01/01/12
successfully pass the UN Test Series 6(d) reclassification tests
as a limited quantity material (see § 173.63(b)(l)(i)).

May be reclassed as "ORM-D-AIR," packaged as authorized Until 12/31/12
under the HMR on October 1, 2010, and marked with the
proper shipping name "Cartridges, power device (used to
project fastening devices)" if the package successfully passes
the UN Test Series 6(d) reclassification tests for an ORM-D­ Air
material effective 7/1111 (see § 173.63(b)(l)(ii)).

If the articles are properly packaged as authorized under the Until 12/31113
HMR on October 1, 2010, and are included on the list of materials
that may be shipped as an ORM-D under § 173.63(b)(l)(iii), the
package may be marked with the proper shipping name
"Cartridges, power device (used to project fastening devices)" and
reclassed as an "ORM-D" material (see § 173.63(b)(l)(ii) and (b)(l)(iii)).

In addition, packages of limited quantity Division 1.4S cartridge power devices transported by aircraft or vessel, or that meet the definition of a hazardous substance, hazardous waste, or marine pollutant are subject to the shipping paper requirements of 49 CFR Part 172, Subpart C (see § 173.63(b)(l)(i)). Further, these packages must 1) be marked with the proper shipping name and identification number of the hazardous material contained in the package (see § 173.315(a)); 2) conform to the general packaging requirements for transporting hazardous materials by aircraft prescribed in § 173.27, as well as the maximum net quantity of hazardous material permitted per inner package for a limited quantity transported by aircraft under Table 3 of § 173.27(f); 3) conform to the limited quantity requirements prescribed for cartridge power devices prescribed in § 173.63(b)(2); and 4) be marked with the limited quantity square-on-point marking with the symbol "Y" in the center as prescribed in § 172.315(b). The HMR excepts limited quantity Division 1.4S explosives packages from both labeling and placarding prescribed in 49 CFR Part 172, Subpart E and Subpart F, respectively (see § 173.63(b)(l)(i)). Please note, in the Docket No. HM-215K final rule, PHMSA revised the HMR's list of prohibited hazardous materials and articles in Table 3 under § 173.27(f) to clarify that Class 1 (explosive) materials that conform to the applicable provisions prescribed in § 173.63(b) are authorized for transportation by aircraft.

I hope this satisfies your request.