{"operation":"document","citation":"04-0166","title":"Hogan & Hartson L.L.P. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-05-04","effective_on":null,"summary":"04-0166 response to Hogan & Hartson L.L.P. concerning 173.188.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0166.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0166.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0166","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040166.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nMAY 4 2005\nMs. Christine Arcari\nRef. No. 04-0166\nEnvironnental Specialist\n555 13th Street, NW\nHogan & Hartson L.L.P.\nWashington, DC 20004\nDear Ms. Arcari:\nThis responds\nto your e-mail requesting clarification of the\npackaging requirements for insoluble solids packaged in\nliquids under the Hazardous Materials Regulations\n(HMR; 49 CFR\nParts 171-180).\nSpecifically, you ask whether an insoluble\nsolid\nsuch as\nPhosphorus, white or yellow (UN1381) must be\nplaced in a specification packaging (1A2, removable head steel\ndrum)\nrated for both solids and liquids when packaged under\nwater as prescribed in $ 173.188.\nI apologize for the delay\nin responding and any inconvenience it may have caused.\nThe answer is no. As prescribed in § 173.188 (a) (2), white or\nyellow phosphorus may be placed in water\nin a removable head\nsteel drum (1A2) with\na capacity not over 115 L (30 gallons).\nAs specified in the S 173.188 introductory text, the drum must\nbe rated at the Packing Group I performance level and, because\nthe drum contains a material that remains in a liquid phase\nwhen transported, the drum need only be tested for liquids. A\ndrum containing a pyrophoric material such as white or yellow\nphosphorus must contain sufficient water so that the material\nremains covered in transportation regardless of orientation.\nI trust this satisfies your inquiry.\nPlease contact us\nif we\ncan be of further\nassistance.\nSincerely,\nHotte z. Mtshell\nHattie L. Mitchell\nOffice of Hazardous Materials Standards\nChief, Regulatory Review and Reinvention\n173.188\n040166\n\n<<<PAGE 2>>>\n\nRegulatory interpretations regarding solids under water\nPage 1 of 2\nStevens, Michael\nFrom:\nMazzullo, Ed\nSent:\nThursday, May 06, 20048:27 AM\nStevens\nTo:\nStevens, Michael\nCc:\nMitchell, Hattie\n§173.188\nSubject:\nFW: Regulatory interpretations regarding solids under water\nFollow Up Flag: Follow up\nPhosphorus\nFlag Status:\nFlagged\n04-0166\nPlease handle this.\nEd\n----Original Message--\nSent: Wednesday, May 05, 2004 4:03 PM\nFrom: Arcari, Christine J. [mailto: CJArcari@HHLAW.com]\nTo: Mazzullo, Ed\nSubject: Regulatory interpretations regarding solids under water\nCc: Kastner, Kenneth M.\nDear Edward Mazzullo,\nKen Kastner and I recently spoke with Del Billings and he suggested we contact you\nsolids placed in water.\nin order to locate existing regulatory interpretations regarding shipments of\nphosphorus, white or yellow, under water (UN1381) packaged in steel drums (1A2) .\nSpecifically the material being shipped would be\nMr. Billings said that he recalls some interpretation letters stating that if a\na packaging raied for both solids and liquids. Attached is one pertinent\nsolid hazardous material is shipped with a liquid component it must be packaged in\ncan provide us\"?\ninterpretation letter that we located on your web site. Are there any others you\ngreatly appreciated.\nSincerely,\nChristine Arcari\nEnvironmental Specialist\nHogan\n& Hartson b.L.P\n555 13th Street,\nNW\nWashington, DC 20004\nTel:\n(202) 637-5872\nFax:\n(202)\n637-5910\ncjarcari@hhlaw.com\n<4_29_03DOTinterp.pdf>>\nThis electronic message transmission contains information from the\n07/19/2004\n\n<<<PAGE 3>>>\n\nRegulatory interpretations regarding solids under water\nPage 2 of 2\nlaw firm of Hogan & Hartson L.L.P. which may be confidential or\nindividual or entity named above. If you are not the intended\nprivileged. The information is intended to be for the use of the\nrecipient, be aware that any disclosure, copying, distribution or\nuse of the contents of this information is prohibited.\nIf you have received this electronic transmission in error,\nelectronic mail (PostMaster@HHLAW.COM) immediately.\nplease notify us by telephone (202-637-5600) or by\n07/19/2004\n\n<<<PAGE 4>>>\n\nS. Departmel\nTransportatic\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nMAY 16 2005\nMajor Mark P. Wyrosdick\nRef. No. 04-0247\nMilitary Surface Deployment and Distribution Commanc\nDepartment of the Army\n661 Sheppard Place\nOperations Center\nFort Eustis, VA 23604-1644\nDear Major Wyrosdick:\nThis responds to your October 15, 2004 letter requesting clarification of requirements in the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) concerning the transportation\nof explosives by rail. Specifically, you ask whether flat cars designated \"F\" and \"FCA\" in the\nOfficial Railway Equipment Register (Register) may be used to transport Class 1 materials.\nPlease accept my apology for the delay in responding and any inconvenience this may have\ncaused.\nSection 174.104 of the HMR generally requires Division 1.1 or 1.2 materials to be transported in\nclosed cars meeting specific regulatory requirements. However, the HMR include exceptions\nthat allow for the transportation of Class 1 materials on flatcars, including those designated FC\nand FCA in the Register. For example, § 174.101(b) provides that \"[b]oxed bombs, rocket\nammunition and rocket motors, Division 1.1, 1.2, or 1.3 (explosive) materials, which due to their\nsize cannot be loaded in closed cars, may be loaded in open-top cars or on flatcars, provided they\nare protected from the weather and accidental ignition.\" Further, § 174.101(n1) provides that\nDivision 1.1 or 1.2 explosive material (except black powder packed in metal containers) may be\ntransported in a freight container on a flatcar, provided certain conditions are met (e.g., the\nfreight conta ner is \"designed, constructed, and maintained so as to be weather tight and capable\nof preventing; the entrance of sparks,\" the freight container meets certain impact resistance tests,\nis properly placarded and has a properly executed car certificate, and provided the freight\ncontainer and the lading inside the container is properly blocked and braced). Finally,\n§ 174.101(o) provides that Division 1.1, 1.2, or 1.3 explosive material may be transported in a\n\"tight closed\" trailer on a flatcar, provided certain conditions are met. Section 174.101(o) also\nprovides that, in certain instances, when Division 1.1, 1.2, or 1.3 materials cannot be loaded into\nclosed trailers because of their size, the materials may be transported on open-top trailers, so long\nas the materials are protected against accidental ignition and certain other conditions are met.\nYou also ask whether the Federal Railroad Administration (FRA) has delegated authority to\nrepresent the Pipeline and Hazardous Materials Safety Administration (PHMSA; formerly the\nResearch and Special Programs Administration) for interpretations of the HMR. As the agency\n174.101\n174.104\n040247\n\n<<<PAGE 5>>>\n\ndelegated authority to issue hazardous materials safety and security regulations, PHMSA is\nresponsible for issuing formal legal interpretations of the HMR and the Federal hazardous\nmaterials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.), which are published in\nthe Federai Register, and for providing informal interpretations (advice, guidance, and\nclarification) concerning the requirements of Federal hazmat law and the HMR. FRA has\ndelegated authority over \"all areas of railroad safety,\" including the enforcement of the hazardous\nmaterials regulations issued by PHMSA. FRA and the other DOT operating administrations are\nauthorized io issue informal interpretations that apply to a single mode of transportation or that\nraise issues that have been previously addressed in letters of interpretation. In consultation with\nPHMSA, FRA issues such informal interpretations with respect to rail transportation of\nhazardous materials or well-settled interpretations, such as the two informal interpretations\nenclosed with your letter.\nIf you have any further questions regarding the above interpretation, please do not hesitate to\ncontact this office or FRA's Hazardous Materials Staff Director, Mr. William Schoonover, at\n(202) 493-6229.\nSincerely,\nSusan Gorsky\nActing Director\nOffice of Hazardous Materials Standards\n\n<<<PAGE 6>>>\n\n10/15/04\n15:34 FAX 7578788887\nMTMC-DC-FN\n@002\nMILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND\nDEPARTMENT OF THE ARMY\nWebb\n661 SHEPPARD PLACE\nOPERATIONS CENTER\nFORT EUSTIS, VA 23604-1644\n$174.101\nLO STATES OF A\nREPLY TO\nATTENTION OF\nSafety Divisicn\nOctober 15, 2004\n§174.104\nMr. Edward T. Mazzullo\nExplosive\nOffice of Hazardous Materials Standards\nDirector, DHM-10\nResearch and Special Programs Administration\n04-0247\n400 Seventh Street, SW\nU.S. Department of Transportation\nWashington, DC 20590\nDear Sir:\nDepartment of Defense hereby requests interpretation of hazardous materials regulations as outlined below. The\nIn accordance with the provisions of Title 49, Code of Federal Regulations (CFR), Section 105.20, the\nfollowing file number has been assigned:\nFile Number: 201-04 (1015)\nProponent: Department of Defense\nRequest Official Interpretation of standards 49 CFR 174.104 and 174.101\noperations affecting the transportations of Class 1 explosive materials.\nWe are requesting an official interpretation of the following citations and their impact upon DOD\n1. 49 CFR 174.104 \"Division 1.1 or 1.2 (explosive) materials; car selection, preparation, inspection, and\nmatiation. periorld by all may be tetaported de in a certified end propriy of carded a so i..,\nfreight container on a flatcar...\". ....(2) A container car or car which is loaded with freight containers.....\"\n2. 49 CFR 174.101 \"Loading Class 1 (explosive) materials.\" Specifically, 174.104(n) a container car or\nOur question is what is the official position of the Department of Transportation (DOT) with respect to the\nfollowing designations:\nMDC Modern Flat Car Equipment\n1. FC\nFlat car well type.\n2. FCA\nFlat car articulated well type.\n3. FCA\nFlat car articulated skeltonized/spine type.\nis not a clearly cefined connection relating to the questions we pose regarding the more modern flat car equipment\nOur understanding of the above standards indicates they are intended for boxcars and container cars. There\nabove. Further, we are in possession of interpretations (attachments 1 & 2) issued previously by the Federal\nRailroad Administration (FRA) providing guidance with respect to the employment of boxcars for the transportation\nof explosives. We have no issues with those interpretations; however, we maintain an interest in concluding is the\nFRA delegated authority to represent the Research and Special Programs Administration (RSPA) in matters of the\nscope of those standards in question?\ntransportation of hazardous materials, and at issue is how does railroad articulated flat car equipment fall within the\n\n<<<PAGE 7>>>\n\n10/15/04\n15:34 FAX 7578788887\nMTNC-DC-FN\n0003\n-2-\navailable through 49 CFR Part 106 \"Rulemaking Procedures\" we would be available for consultation anc\nIf our issues are a matter for change to those regulatory standards above employing the mechanism\nparticipation. This request is submitted by Mr. Joseph P. Dugan, phone (757) 878-8294, e/mail\nFort Eustis, VA 23604-1644.\ndugani@sddc.army.mil, Safety Staff:, Military Surface Deployment and Distribution Command, 661 Sheppard Place,\nSincerely,\nMach Po Wyndick\nMark P. Wyrosdick\nMajor, US Air Force\nEncl\nChief of Safety","truncated":false,"body_characters":11218}