PHMSA letter of interpretation

Reclassing Cartridges, Power Devices as Consumer Commodity ORM-D

Pipeline and Hazardous Materials Safety Administration · Jul 29, 1999 · Reference No. 99-0107

PHMSA says to use caution with this letter. On January 19, 2011 PHMSA published HM-215K, which amended the HMR to maintain alignment with international standards. As a result, the ORM-D classification is being eliminated, however, limited quantities of authorized hazardous materials will still be authorized for reclassification to ORM-D until December 31, 2020 and ORM-D-AIR until December 31, 2012.

Interprets: 49 CFR § 173.63(b)

Reggie’s quick take

Someone asked whether cartridges for power devices, such as those that drive fastening tools, classed as Division 1.4S explosives can be reclassed as ORM-D material. The agency said yes. It noted that Special Provision 112, the older rule that allowed this, was removed in 1996, but the same relief now sits in § 173.63(b). Cartridges, power devices that are used to project fastening devices may be shipped as "Consumer commodity," ORM-D, if they are packaged as § 173.63(b)(2) requires.

Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.

This is in response to your letter of April 19, 1999, requesting clarification on the requirements for cartridges, power devices which are used to project fastening devices (HMR; 49 CFR Parts 171-180). In your letter you ask whether, and under what conditions, cartridges, power devices which are classed as Division 1.4S may be reclassed as ORM-D material. Specifically, you reference Special Provision 112 which was previously referenced by the "Cartridges, power devices' proper shipping name entry in the Hazardous Materials Table (HMT).

Special Provision 112 was removed from the HMR by Docket HM-222B (May 30, 1996; 61 FR 27166). Special Provision 112 allowed shippers to reclass cartridges, power devices and cartridges, small arms, which had been classed as Division 1.4S materials, as ORM-D material under certain conditions. Though Special Provision 112 was removed, it is effectively still in place at § 173.63(b).

The HMT entries for "Cartridges, small arms" and "Cartridges, power devices" both reference § 173.63 in column 8A for exceptions. Cartridges, power devices (which are used to project fastening devices) which have been classed as Division 1.4S explosives may be reclassed, offered for transportation, and transported as "Consumer commodity," ORM-D when packaged in accordance with § 173.63(b)(2).

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.