PHMSA Seeks Comments on Small Quantities of Explosives

Do you ship small quantities of explosives within the United States? If you do, you may be able to help PHMSA with their latest research project. PHMSA recently published a notice looking for information from dangerous goods shippers that specifically ship small quantities or low concentrations of class 1 explosives. The information will be used to define the focus of a research project investigating the risk of small and/or de minimis quantities of explosive substances and in selecting test samples for PHMSA research purposes.

What Exactly is PHMSA looking for?

At this time there are no small quantity exceptions for Class 1 explosives. In addition, PHMSA requires that any change in the formulation, design, or process that alters any of the properties of a Class 1 explosive means it is now considered a ‘‘new explosive’’ and must be examined, classed, and approved for transport. If you have been through this process before, you know that obtaining a U.S. DOT PHMSA explosives (EX) approval can be time consuming. If a small quantity and/or de minimis exception is implemented for explosives presenting a low hazard in transport, it could reduce the time, effort, and financial investments required to authorize its transport, while maintaining the safety of the transportation system. The latest notice from PHMSA is asking for the public’s support to research the risk of small quantities of class 1 explosive substances by requesting comments on various questions. Some examples of these questions are below:

Q. What threshold quantity and/or concentration of explosives, if any, presents a low risk to life, property, and the environment, and should, in your opinion, be considered for exception from regulation by PHMSA?

Q. Why, in your opinion, should a threshold quantity and/or concentration of explosives not be considered for exception from regulation by PHMSA?

Q. As applicable, please list up to five examples of small quantities and/or low concentrations of explosives presenting more than a low risk to life, property, and the environment.

If you are interested in commenting, there is a full list of questions and instructions on how to submit them here. You are welcome to submit comments on or before September 26, 2024. Comments received after that date will be considered to the extent possible.

Questions?

ICC the Compliance Center will, of course, be watching as PHMSA progresses through the regulatory development process. If you have any questions, contact our team of experts at 855.734.5469 or send us an email, we’re happy to help.