Guidanceguidance
04-0247
Department of the Army, Military Surface Deployment and Distribution Command, Operations Center — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety MAY 16 2005 Major Mark P. Wyrosdick Ref. No. 04-0247 Military Surface Deployment and Distribution Command Department of the Army Operations Center 661 Sheppard Place Fort Eustis, VA 23604-1644 Dear Major Wyrosdick: This responds to your October 15, 2004 letter requesting clarification of requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) concerning the transportation of explosives by rail. Specifically, you ask whether flat cars designated "F" and "FCA" in the Official Railway Equipment Register (Register) may be used to transport Class 1 materials. Please accept my apology for the delay in responding and any inconvenience this may have caused. Section 174.104 of the HMR generally requires Division 1.1 or 1.2 materials to be transported in closed cars meeting specific regulatory requirernents. However, the HMR include exceptions that allow for the transportation of Class 1 materials on flatcars, including those designated FC and FCA in the Register. For example, § 174. 101(b) provides that "[bJoxed bombs, rocket ammunition and rocket motors, Division 1.1, 1.2, or 1.3 (explosive) materials, which due to their size cannot be loaded in closed cars, may be loaded in open-top cars or on flatcars, provided they are protected from the weather and accidental ignition." Further, § 174.101(n) provides that Division 1.1 or 1.2 explosive material (except black powder packed in metal containers) may be transported in a freight container on a flatcar, provided certain conditions are met (e.g., the freight container is "designed, constructed, and maintained so as to be weather tight and capable of preventing the entrance of sparks," the freight container meets certain impact resistance tests, is properly placarded and has a properly executed car certificate, and provided the freight container and the lading inside the container is properly blocked and braced). Finally, § 174.101(o) provides that Division 1.1, 1.2, or 1.3 explosive material may be transported in a "tight closed" trailer on a flatcar, provided certain conditions are met. Section 174.101(o) also provides that, in certain instances, when Division 1.1, 1.2, or 1.3 materials cannot be loaded into closed trailers because of their size, the materials may be transported on open-top trailers, so long as the materials are protected against accidental ignition and certain other conditions are met. You also ask whether the Federal Railroad Administration (FR4.) has delegated authority to represent the Pipeline and Hazardous Materials Safety Administration (PHMSA; formerly the Research and Special Programs Administration) for interpretations of the HMR. As the agency 174.101 174.104 040247#
Page 2delegated authority to issue hazardous materials safety and security regulations, PHMSA is responsible for issuing formal legal interpretations of the HMR and the Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.), which are published in the Federal Register, ard for providing informal interpretations (advice, guidance, and clarification) concerning the requirements of Federal hazmat law and the HMR. FRA has delegated authority over "all areas of railroad safety," including the enforcement of the hazardous materials regulations issued by PHMSA. FRA and the other DOT operating administrations are authorized to issue informal interpretations that apply to a single mode of transportation or that raise issues that have been previously addressed in letters of interpretation. In consultation with PHMSA, FRA issues such informal interpretations with respect to rail transportation of hazardous materials or well-settled interpretations, such as the two informal interpretations enclosed with your letter. contact this office or FRA's Hazardous Materials Staff Director, Mr. William Schoonover, at If you have any further questions regarding the above interpretation, please do not hesitate to (202) 493-6229. Sincerely, Susan Gorsky Acting Director Office of Hazardous Materials Standards#
Page 310/15/04 15:34 FAX 7578788887 MTMC- DC.--FN @002 NILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND DEPARTMET OF THE ARMY webb 661 SHEPPARD PLACE OPERA TONS CENTER REPLY TO FORT EUST S, VA 23604-1644 $174.101 ATTENTION OF Safety Division October 15, 2004 § 174.104 Mr. Edward T. Mazzullo Explosive Office of Hazardous Materials Standards Director, DHM-10 Research and Special Programs Administration 04-0247 U.S. Department of Transportation 400 Seventh Street, SW Washington, DC 20590 Dear Sir: Department of Defense hereby requests interpretation of hazardous materials regulations as outlined below. The In accordance with the provisions of Title 49, Code of Federal Regulations (CFR), Section 105.20, the following file number has been assigned: File Number: 201-04 (1015) Proponent: Department of Defense Request Official Interpretation of standards 49 CFR 174.104 and 174.101 operations affecting the transportations of Class 1 explosive materials. We are requesting an official interpretation of the following citations and their impact upon DOD certification." Specifically, 174.104(a) Except as provider in 174.101....(n).... Division 1.1 or 1.2 (explosive 1. 49 CFR 174.104 "Division 1.1 or 1.2 (explosive) materials; car selection, preparation, inspection, and materials boing transported by rail may be transported only in a certified and properly placarded closed car...." freight container on a flatcar...". 2. 49 CFR 174.101 "Loading Class 1 (explosive) materials." Specifically, 174.104(n) a container car or ....(2) A container car of car which is loaded with freight containers....." Our question is what is the official position of the Department of Transportation (DOT) with respect to the following designations: MDC Modern Flat Car Equipment 1. FC Flat car well type. 2. FCA Flat car articulated well type. 3. FCA Flat car articulated skeltonized/spine type. is not a clearly defined connection relating to the question: we pose regarding the more moder flat car equipment Our understanding of the above standards indicates they are intended for boxcars and container cars. There above. Further, we are in possession of interpretations (attachments 1 & 2) issued previously by the Federal#
Page 410/15/04 15:34 FAX 7578788887 MTMC-DC-FN 0003 available through 49 CFR Part 106 "Rulemaking Procedures" we would be available for consultation and If our issues are a matter for change to those regulatory standards above employing the mechanisms participation. This request is submitted by Mr. Joseph P. Dugan, phone (757) 878-8294, e/mail dugani@sddc.army.mil, Safety Staff:, Military Surface Deployment and Distribution Command, 661 Sheppard Place, Fort Eustis, VA 23604-1644. Sincerely, Mach Po Wyrolick Mark P. Wyrosdick Major, US Air Force Enci Chief of Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.