DOT Requests Response to Non-Compliant EX Approvals
On November 2, 2015 (80 FR 67485), the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice in the federal register proposing to terminate explosive approvals not in compliance with the newly amended Special Provision 347 (January 19, 2011, 76 FR 3308, HM–215K). PHMSA, via certified mail, attempted to contact all of the listed approval holders in this notice 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 listed explosive approval numbers in this notice. PHMSA will terminate the 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.