Hazardous Materials: Explosive Approvals-Compliance With Special Provision 347

AGENCY:

Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.

ACTION:

Proposed termination of explosive approvals.

SUMMARY:

PHMSA proposes to terminate the explosive approvals listed herein. PHMSA, via certified mail, attempted to contact all of the below listed approval holders during the month of October 2014. The certified letters were titled “Hazardous Materials Safety Law Division, Letter of Warning: Test Series 6(d) requirements for Division 1.4S Explosive Approvals.” The certified letters requested that the approval holders notify PHMSA within 30 days with their intent with respect to the approvals. They were given the options to provide evidence of UN 6(d) testing, request a reassignment of the EX number to a higher compatibility group than “S”, or request termination. To date, no correspondence has been received by PHMSA concerning the below listed explosive approval numbers.

FOR FURTHER INFORMATION CONTACT:

Mr. Ryan Paquet, Director, Approvals and Permits Division, Office of Hazardous Materials Safety, (202) 366-4512, PHMSA, 1200 New Jersey Avenue SE., Washington, DC 20590. Correspondence with respect to the below listed explosive approval numbers should be sent to explo@dot.gov, subject line—“UN 6(d) Testing” or respond to the listed address for Mr. Ryan Paquet.

SUPPLEMENTARY INFORMATION:

I. Introduction

In this notice, PHMSA's Office of Hazardous Materials Safety (OHMS) is proposing to terminate the approvals listed below for the approval holders' failure to provide PHMSA with evidence that UN 6(d) testing has been performed in accordance with 49 CFR 172.102(c)(1) (Special Provision 347) or requesting a reassignment of the EX number to a higher compatibility group other than “S”.

II. Background

On January 19, 2011, PHMSA published a final rule (76 FR 3308; HM-215K) titled “Hazardous Materials: Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air”. The final rule amended Special Provision 347 to require successful testing according to UN Test Series 6(d) of Part I of the UN Manual of Tests and Criteria. This change affected explosives classified as Division 1.4S, and impacted eight UN Numbers, including: UN0323, UN0366, UN0441, UN0445, UN0455, UN0456, UN0460, and UN0500. This requirement became effective for transportation by aircraft on July 1, 2011, for transportation by vessel on January 1, 2012, and for domestic highway and rail transportation on January 1, 2014. PHMSA has no records of the required UN 6(d) testing for the below listed EX numbers.

III. Action

PHMSA will terminate the below listed approvals 30 days after this notice is published in the Federal Register, unless the holder requests reconsideration as outlined in 49 CFR 107.715.

IV. Approvals Scheduled for Termination