The Fertilizer Institute — Hazardous Materials Safety Interpretation

Page 1U.S. Department Research and of Transportation 400 Seventh St., S.W. SEP 2 4 2002 Washington, D.C. 20590 Special Programs Administration Ms. Pam Guffain The Fertilizer Institute Ref. No.: 02-0239 820 First Street, NE, Suite 430 Washington, DC 20002 Dear Ms. Guffain: This is in reference to your letter submitted on behalf of the Jimmy Sanders Company of Macon, Mississippi. You inquired whether a particular fertilizer mixture would be considered a Class 9 material under the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180). You state the fertilizer is a blend of 31.25% ammonium nitrate; 20.83% phosphate and 47.91% potash by mass. You also enclosed copies of a citation issued by Alabama Department of Public Safety's Motor Carrier Safety Unit (Report No. ALJWQC002895) and the shipping paper for the shipment. We hope you understand that RSPA cannot substitute our judgment for that of a judge or magistrate that conducts a hearing on the citation. Any opinion we provide is based solely on the information provided by you without an opportunity for the authority issuing the citation to present its views and any additional information. The answer to your question is yes, the material is listed in the §172.101 Table as "Ammonium nitrate fertilizer; uniform non-segregating mixtures of nitrogen/phosphate or nitrogen/potash types or complete fertilizers of nitrogen/phosphate/potash type, with not more than 70 percent ammonium nitrate and not more than 0.4 percent total added combustible material or with not The letters "A" and "W" in column 1 of the § 172.101 Table indicate the material is subject to the more than 45 percent ammonium nitrate with unrestricted combustible material," 9, UN2071, III. requirements of HMR only when transported by air or water. It appears, however, on the shipping paper the material was described as "Ammonium nitrate fertilizer, 5.1, NA2072, PG III (Oxidizer)". Under this description, the material would be subject to the requirements of the HMR when transported by all modes. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Hotte z. mitchell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 172.101 020239#

Page 2CC: Alabama Department of Public Safety Motor Carrier Safety Unit Highway Patrol Div 1708 Cong W L Dickinson Drive Montgomery, AL 36109-2602#

Page 3A4g-30-02 03:29pm From-The Fertilizer Institute +2029620577 T-005 P.001/003 F=042 Mitchen The Fertilizer Institute 9172.101 (4) Director Pamela D. Guffsir Correnment Kelarions Applicability MEMO TO: Hattie Mitchell 02-0239 FROM: Pam Guffain SUBJECT: Alabama State Patrol, Fertilizer Mixture Jimmy Sanders Company, a fertilizer dealer in Macon, Mississippi, was when he was stopped and cited by an Alabama Highway Patrol officer for violation of the lelivering a truck load of a blended fertilizer to his farm customer in Orville, Alabama hazardous materials regulations. I am expecting a copy of the citation but have not received it as of this minute. However, he was cited for registration, placarding, and hazmat endorsement violations. a hazardous material. The blending fertilizer contained 31.25% ammoniurn nitrate (7.5 The material he was transporting, in my opinion, in reading the regulations, is not tons); phosphate 20.83% (5 tons), and potash 47.91% (11.5 tons). considered a Class 9 ammonium nitrate fertilizer per the definition in 172.101. I would appreciate your opinion in this regard. I believe this material is Thanks Hattie and I look forward to hearing from you in this regard. 1H20 First STrUrI, NE Uuina Cenler Plaza Pguffain@ori.org Sulım +30 www.uli.org Washington. DC 20002 202.962.0577 lux 202.942.0490#