{"operation":"document","citation":"03-0157","title":"Mr. Clark B. Huggins — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-07-31","effective_on":null,"summary":"03-0157 concerning 173.60.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0157.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0157.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0157","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030157.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nAdministrations\nJUL. 31 2003\nMr. Clark B. Huggins\nRef. No: 03-0157\nP.O. Box 57\nBear River City, UT 84301\nDear Mr. Huggins:\nThis is in response to your June 24, 2003 letter requesting clarification of the requirements in the\nrequirements for explosives. Your questions are paraphrased and answered below.\nHazardous Materials Regulations (HMR; 49 CFR Parts 172-180) regarding the general packaging\nQ1. Can wetted explosives be shipped during warm weather without the use of anti-freeze?\nAl.\nSection 173.60(b)(4) specifically states \"[when] the packaging includes water that could\nfreeze during transportation, a sufficient amount of anti-freeze, such as denatured ethyl\nalcohol, must be added to the water to prevent freezing.\" [Emphasis added] It is not\npossible for this Office to determine that in every situation where wetted explosives are\nshipped during warm weather, the wetted explosive would not encounter, during its\ntransportation, freezing temperatures. Therefore, it is the shipper's responsibility based on\nthe mode of transportation, as well as other transportation factors, whether their wetted\nexplosives are liable to encounter conditions that could cause freezing to occur.\nQ2.\nWhen required, is only the amount of anti-freeze necessary to prevent freezing at the\nanticipated temperatures required?\nA2.\nSection 173.60(b)(4) states in part ... \"a sufficient amount of anti-freeze must be added to the\ncombined weight of water and anti-freeze may be substituted.\" Therefore, the answer is yes.\nwater to prevent freezing.... When a percentage of water in the substance is specified, the\nQ3.\nprovided in the cargo space?\nCan the use of anti-freeze be excluded, if some acceptable means of temperature control is\nA3.\nThe answer is no, the regulations specifically require that anti-freeze be used. Other alternate\ncontrols may be authorized only under the terms of a DOT exemption (see § 107.105).\nI hope this satisfies your request.\nSincerely,\nHathe z. Michell\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n173.\n030157\n\n<<<PAGE 2>>>\n\nBetts\n$3/73.60\nClark B. Huggins\n5335 N. 5501 W. P.O. Box 57\nPackaging of\nBear River City, UT 84301\nExplosives\n(435)-279-8272\n03 - 0157\nJune 24, 2003\nMr. Edward T. Mazzullo\nOffice of Hazardous Materials Standards DM-10\nU.S. Department of Transportation.:\nResearch and Special Projects Administration\n400 7* Street SW\nWashington, D.C, 20590\nDear Mr. Mazzullo,\nI am writing for assistance with interpretation and clarification of 49 CFR 172.60(b)(4)\ntransportation, a sufficient amount of anti-freeze, such as denatured ethyl alcohol, must\nThis subparagraph reads When the packaging includes water which could freeze during\nbe added to the water to prevent freezing....\".\nDoes this mean that wetted explosives shipped during warm weather need not have\nantifreeze added? No\nDoes this mean that only the amount of antifreeze necessary to prevent freezing at the\nanticipated temperatures is required? Yo.\nIf some acceptable means of temperature control is provided to the cargo space, can the\nuse of antifreeze be excluded? only wunder to exempts.\nAny assistance in clarifying this matter would be greatly appreciated.\nSincerely,\nClark Befug\nClark B. Huggins","truncated":false,"body_characters":3359}