Interpretation Response #21-0013
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
June 30, 2021
Mr. Joseph Murphy
16825 Northchase Drive
Houston, TX 77060
Reference No. 21-0013
Dear Mr. Murphy:
This letter is in response to your February 8, 2021, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to special provision 114 for "UN0494, Jet perforating guns, charged, oil well, without detonator." In your letter, you note that—as provided by Special Provision 114 in § 172.102(c)(1)—jet perforating guns may be reclassed to Division 1.4 Compatibility Group D (1.4D) if: (1) the total weight of the explosive contents of the shaped charges assembled in the guns does not exceed 90.5 kg (200 pounds) per vehicle; and (2) the guns are packaged in accordance with Packing Method US 1 as specified in § 173.62. You state that your company would like to transport jet perforating guns containing 400 pounds of explosive contents on two separate "vehicles" in a single shipment. Your proposed configuration consists of 200 pounds of explosive contents on a truck, with an additional 200 pounds of explosive contents on a flatbed trailer attached to the truck. You ask whether this proposed configuration complies with the HMR and whether the term "vehicle"—as used in Special Provision 114—refers to "transport vehicle" or "motor vehicle" as defined in § 171.8.
The answer is no, your proposed configuration does not comply with the HMR. It is the opinion of this Office that the word "vehicle" as used in Special Provision 114 of § 172.102(c)(1) refers to the term "motor vehicle" as defined in § 171.8. Specifically, a "motor vehicle" means "a vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property."
Therefore, a shipment of more than 200 pounds of explosive content would not be authorized on a single motor vehicle.
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
171.8 , 172.102(c)(1), 173.62
|§ 173.62||Specific packaging requirements for explosives|