PRK Drilling & Blasting, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration JAN 1 4 2005 Mr. Christopher A. McCabe Ref. No.: 04-0235 Safety Director PRK Drilling & Blasting, Inc. 115 Angels Way Winchester, VA 22603 Dear Mr. McCabe: This responds to your letter dated October 5, 2004, regarding the requirements for entering the total quantity for explosives on a shipping paper in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). A shipping paper you currently use was enclosed for our review. PRK Drilling & Blasting, Inc. (PRK) has between five and 7 blasters picking up explosives from its explosive storage area and transporting them to various job sites, daily. The blasters carry between one and 500 blasting caps. PRK accounts for these blasting caps by "piece" on the shipping paper. Recently, you have been made aware that for explosives the shipping paper must now contain the "net explosive mass." You suggest that the unit of measurement used should be "piece" instead of "net explosive mass." Your concern is that an inspector may find that many of the blaster tabulations are incorrect and leave the company open to numerous violations and enforcement actions. Specifically, you ask if the total quantity of the blasting caps entered by "piece." you may continue to use the enclosed shipping paper for your company's daily shipments, with The answer is no. In accordance with §172.202(a)(5)(i), for a Class 1 (explosive) material, such as "Detonator Assemblies, non-electric, 1.4B, UN0361, II," the quantity for these blasting caps must be shown on the shipping paper as "net explosive mass." Thus, the shipping paper you used For an else that i am rice such a basting ape is are caminatom tat the net mass of the article must be used to satisfy the total quantity requirement in 172.202(a)(5)(i). 142-202(900 040235#

Page 2For you information, on December 20, 2004, a final rule was published in the Federal Register (69 FR 76044; Docket HM-215G) which clarified the shipping paper requirements in §172.202(a)(5)(i) of the HMR. Thus, for an explosive that is an article, the entry on the shipping paper must be the net mass of the explosive article or the explosive substance contained in the article similar to a provision in the United Nations Model Regulations on the Transport of Dangerous Goods. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely: John A Caled Development Office of Hazardous Materials Standards#

Page 3FROM : PRK DRILLING & BLASTING FAX NO. : 15408889998 Oct. 06 2004 07:50AM P1 Enarum §172.202 (a5)11 Shipping Papers PRK DRILLING & BLASTING, INC. TIS ANGELS WAY WINCHESTER, VA 22603(540)888-45 PH PH FAX 04-0235 October 5, 2004 Edward Mazzullo, Director USDOT / RSPA (DHM-10) Office of IIAZMAT Standards 400 7' Street West Washington, D.C. 20590-0001 Re: Request of Letter of Interpretation Sir, My name is Christopher A. McCabe. I am the safety director of PRK Drilling & Blasting based out of Winchester Virginia. We have between 5 and 7 blasters picking up explosives from our explosive storage area and then traveling to various jobsites daily. The blasters carry between 1 and 500 blasting caps. 1 am requesting a letter of interpretation on CFR49 172.202.A.5.j. We currently account for blasting caps by "piece" on our shipping paper. I have been told by RSPA that you must now list and seems to be appropriate for blasting caps (detonators) and leadline. Complying with this requirement will provide for any inspector to find many of the blaster tabulations to be incorrect. This leaves the company open for numerous violations and enforcement actions. As a practical matter, it would seem easier to notate that each of our eliminate the individual "explosive mass" listing transports are under 1½ Ibs of "explosive mass" in blasting caps and leadline. This would May we continue to use the attached shipping paper for our daily transports? Thank You, topher A. McCabe Safety Director / PRK Drilling & Blasting#

Page 4StartTime Date: Explosives Shipping Paper Total Time Worked End Time PRK Drilling & Blasting, Inc. Virginia Division (540)888-4959 Truck#: Driver: Hazardous Materials -- Certificate of Registration No. 061300 013 014IK Issued: 06/03/03Exp: 06/06 Shipped #Units Item Shipped Item Returned Returned NEM / Pentex Boosters, 1.1D, UN0042, II ERG page 112 Pentex NEM Ibs. Power Ex Plus EXPLOSIVE, BLASTING, TYPE E, 1.1D, UNO241, II ERG Guide 112 Ibs. ibs. Ibs. EXPLOSIVE, BLASTING, TYPE A, 1.1D, UN0081, IT ERG Guide 112 Ibs. Ibs. Power Ditch Power Frac Power Frac Power Ditch Ibs. Ibs. Ibs. EXPLOSIVE, BLASTING, TYPE E, 1.5D, UN0332, II ERG Guide 112 Apex Ultra Apex Ultra Ibs. Explosive, Blasting Type B. (WR Anfo), 1.5D, UN0331, II w/DOT-E-11156 Ammonium Nitrate-Fuel Oil Mixture(contains only prilled ammonium nitrate and fuel oil) 1.5D, Ibs NA0331, II DOT-E-11156 Articles, Explosive N.O.S. (contains HMX & Aluminum Powder), 1.4S,UN0349, II Leadline ERG Guide 114 NEM- Detonator Assembles, Non-Electric, 1.48, UN0361, I. AI Caps ENGGuide TEA Net Explosive MPe NEM= pcs • Handidets ' Handidets NEM= pes NEM- pcS ' Handidets Handidets NEM= pcs NEM- pes ' Handidets ' Handidets NEM= pes NEM- pes ' Handidets Handidets TeM- pes Detonator Assemblies, Non-Electric, 1.4S, UN0500, II, (Surfuce Delays )ERC Guide 114 NEM= pcs NEM- pcs NEM= pcs NEM-" pes NEM Chart: Multiply pleces shipped by chart weish re et NEM * NEM-Net Explosive Mass xel Connectade = 0027 el Exel T&D .=.0012 ca. Boosters (#12) = .75 ca. Shipping Point: Front Royal Magazine Site. List desination and route listed be bin: = .0000107 per foot The oring oathis form, withour NEM roferences, was aproved by Re sad Brenn ia Mor Canier Saley 202-36 6121 0n 5-22-03. NEM references added in compliance with CFR49 |72.202.A.S.i. on 10/8/04 ***EMERGENCY PHONE (S40)888-4979***#