PHMSA Discretion: Electronic Programmable Detonators

PHMSA Issues a Notice of Enforcement Discretion for Electronic Programmable Detonators

The safe transportation of dangerous goods depends on clear, up-to-date regulations both domestically and internationally. These regulations not only ensure public safety but also provide important guidance for industry compliance and operational efficiency. Recently, a gap emerged between the updated federal regulations and a pair of industry standard publications that help support compliance efforts for certain explosives. To prevent unnecessary disruptions, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a notice of enforcement discretion to clear up any confusion, specifically related to electronically programmable detonators.

What is The PHMSA Notice?

Back in July of 2022, PHMSA published a final rule (HM-215P) that aligned U.S. and International regulations by adding new proper shipping names for electronically programmable detonators. These new proper shipping names include:

UN0511 – Detonators, electronic programmable for blasting
UN0512 – Detonators, electronic programmable for blasting
UN0513 – Detonators, electronic programmable for blasting

However, two key industry publication standards, The IME (Institute of Makers of Explosives) Safety Library Publication 22 (2019) and The IME Safety Library Publication 23 (2021), who are both referenced in the 49CFR at 171.7, have not yet been updated to include these new shipping names. These IME publications are designed to guide the transportation of detonators and other explosives, and the lack of updated terminology has caused confusion and delays in transporting these devices in recent times.

Because of the regulatory inconsistency, PHMSA is exercising enforcement discretion. Shippers who use the new proper shipping names listed in the Hazardous Materials Table (49 CFR §172.101) will not be subject to enforcement actions, despite the current disconnect with the IME publications. PHMSA emphasizes that using the updated names does not compromise transportation safety.

This enforcement discretion will remain in effect until updated versions of The IME Safety Library publications 22 and 23 reflecting the new proper shipping names are officially incorporated into the 49CFR Regulations. It is important to note that this policy only applies to electronically programmable detonators transported under these IME standards. All other regulatory requirements must still be followed.

By issuing this temporary enforcement discretion, PHMSA goal is to minimize delays and disruptions while maintaining safety and regulatory integrity. For more information, stakeholders can contact the Hazardous Materials Information Center at 1-800-467-4922 or [email protected]. You can view the full Notice of Enforcement HERE.

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