Ammunition, Nonexplosive
Pipeline and Hazardous Materials Safety Administration · Jan 31, 1994 · Reference No. 94-0200
Interprets: 49 CFR § 173.55, 49 CFR § 173.56, 49 CFR § 173.57, 49 CFR § 173.58
This is in response to your September 1, 1993 letter concerning an exception for Ammunition, nonexplosive contained in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) in effect prior to October 1, 1991, which was removed in the final rule adopted under Docket HM-181. You asked that this provision be reinstated to allow a self-contained cutting torch to be classified as nonexplosive.
In the Docket HM-181 final rule, § 173.55 was removed because the term "Ammunition, nonexplosive" is inappropriate in the new explosive classification scheme. The new classification scheme is performance oriented in that a substance or article is not considered an explosive when evaluated according to the procedures and criteria prescribed in §§ 173.56 through 173.58. If such a substance or article does not meet the definition of any other hazard class, it would not be subject to the HMR.
I hope this information is helpful. If you require additional assistance, please contact this office.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.