{"operation":"document","citation":"04-0247","title":"Department of the Army, Military Surface Deployment and Distribution Command, Operations Center — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-05-16","effective_on":null,"summary":"04-0247 response to Department of the Army, Military Surface Deployment and Distribution Command, Operations Center concerning 174.101, 174.104.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0247.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0247.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0247","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040247.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nMAY 16 2005\nMajor Mark P. Wyrosdick\nRef. No. 04-0247\nMilitary Surface Deployment and Distribution Command\nDepartment of the Army\nOperations Center\n661 Sheppard Place\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 requirernents. 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 \"[bJoxed 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(n) 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 container 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 (FR4.) 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 2>>>\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 Federal Register, ard 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 to 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.\ncontact this office or FRA's Hazardous Materials Staff Director, Mr. William Schoonover, at\nIf you have any further questions regarding the above interpretation, please do not hesitate to\n(202) 493-6229.\nSincerely,\nSusan Gorsky\nActing Director\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n10/15/04\n15:34 FAX 7578788887\nMTMC- DC.--FN\n@002\nNILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND\nDEPARTMET OF THE ARMY\nwebb\n661 SHEPPARD PLACE\nOPERA TONS CENTER\nREPLY TO\nFORT EUST S, VA 23604-1644\n$174.101\nATTENTION OF\nSafety Division\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\nU.S. Department of Transportation\n400 Seventh Street, SW\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\ncertification.\" Specifically, 174.104(a) Except as provider in 174.101....(n).... Division 1.1 or 1.2 (explosive\n1. 49 CFR 174.104 \"Division 1.1 or 1.2 (explosive) materials; car selection, preparation, inspection, and\nmaterials boing transported by rail may be transported only in a certified and properly placarded closed car....\"\nfreight container on a flatcar...\".\n2. 49 CFR 174.101 \"Loading Class 1 (explosive) materials.\" Specifically, 174.104(n) a container car or\n....(2) A container car of car which is loaded with freight containers.....\"\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 defined connection relating to the question: we pose regarding the more moder 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\n\n<<<PAGE 4>>>\n\n10/15/04\n15:34 FAX 7578788887\nMTMC-DC-FN\n0003\navailable through 49 CFR Part 106 \"Rulemaking Procedures\" we would be available for consultation and\nIf our issues are a matter for change to those regulatory standards above employing the mechanisms\nparticipation. This request is submitted by Mr. Joseph P. Dugan, phone (757) 878-8294, e/mail\ndugani@sddc.army.mil, Safety Staff:, Military Surface Deployment and Distribution Command, 661 Sheppard Place,\nFort Eustis, VA 23604-1644.\nSincerely,\nMach Po Wyrolick\nMark P. Wyrosdick\nMajor, US Air Force\nEnci\nChief of Safety","truncated":false,"body_characters":7014}