{"operation":"document","citation":"02-0239","title":"The Fertilizer Institute — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-09-24","effective_on":null,"summary":"02-0239 response to The Fertilizer Institute concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0239.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0239.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0239","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020239.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nResearch and\nof Transportation\n400 Seventh St., S.W.\nSEP 2 4 2002\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nMs. Pam Guffain\nThe Fertilizer Institute\nRef. No.: 02-0239\n820 First Street, NE, Suite 430\nWashington, DC 20002\nDear Ms. Guffain:\nThis is in reference to your letter submitted on behalf of the Jimmy Sanders Company of Macon,\nMississippi. You inquired whether a particular fertilizer mixture would be considered a Class 9\nmaterial under the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180). You state the\nfertilizer is a blend of 31.25% ammonium nitrate; 20.83% phosphate and 47.91% potash by mass.\nYou also enclosed copies of a citation issued by Alabama Department of Public Safety's Motor\nCarrier Safety Unit (Report No. ALJWQC002895) and the shipping paper for the shipment.\nWe hope you understand that RSPA cannot substitute our judgment for that of a judge or\nmagistrate that conducts a hearing on the citation. Any opinion we provide is based solely on the\ninformation provided by you without an opportunity for the authority issuing the citation to present\nits views and any additional information.\nThe answer to your question is yes, the material is listed in the §172.101 Table as \"Ammonium\nnitrate fertilizer; uniform non-segregating mixtures of nitrogen/phosphate or nitrogen/potash types\nor complete fertilizers of nitrogen/phosphate/potash type, with not more than 70 percent\nammonium nitrate and not more than 0.4 percent total added combustible material or with not\nThe letters \"A\" and \"W\" in column 1 of the § 172.101 Table indicate the material is subject to the\nmore than 45 percent ammonium nitrate with unrestricted combustible material,\" 9, UN2071, III.\nrequirements of HMR only when transported by air or water.\nIt appears, however, on the shipping paper the material was described as \"Ammonium nitrate\nfertilizer, 5.1, NA2072, PG III (Oxidizer)\". Under this description, the material would be subject\nto the requirements of the HMR when transported by all modes.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nHotte z. mitchell\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n172.101\n020239\n\n<<<PAGE 2>>>\n\nCC:\nAlabama Department of Public Safety\nMotor Carrier Safety Unit\nHighway Patrol Div\n1708 Cong W L Dickinson Drive\nMontgomery, AL 36109-2602\n\n<<<PAGE 3>>>\n\nA4g-30-02\n03:29pm\nFrom-The Fertilizer Institute\n+2029620577\nT-005 P.001/003\nF=042\nMitchen\nThe Fertilizer Institute\n9172.101 (4)\nDirector\nPamela D. Guffsir\nCorrenment Kelarions\nApplicability\nMEMO TO: Hattie Mitchell\n02-0239\nFROM:\nPam Guffain\nSUBJECT: Alabama State Patrol, Fertilizer Mixture\nJimmy Sanders Company, a fertilizer dealer in Macon, Mississippi, was\nwhen he was stopped and cited by an Alabama Highway Patrol officer for violation of the\nlelivering a truck load of a blended fertilizer to his farm customer in Orville, Alabama\nhazardous materials regulations. I am expecting a copy of the citation but have not\nreceived it as of this minute.\nHowever, he was cited for registration, placarding, and hazmat endorsement\nviolations.\na hazardous material. The blending fertilizer contained 31.25% ammoniurn nitrate (7.5\nThe material he was transporting, in my opinion, in reading the regulations, is not\ntons); phosphate 20.83% (5 tons), and potash 47.91% (11.5 tons).\nconsidered a Class 9 ammonium nitrate fertilizer per the definition in 172.101.\nI would appreciate your opinion in this regard. I believe this material is\nThanks Hattie and I look forward to hearing from you in this regard.\n1H20 First STrUrI, NE\nUuina Cenler Plaza\nPguffain@ori.org\nSulım +30\nwww.uli.org\nWashington. DC 20002\n202.962.0577 lux\n202.942.0490","truncated":false,"body_characters":3781}