Military Surface Deployment and Distribution Command — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and JAN 1 8 2005 Washington, D.C. 20590 Special Programs Administration Mr. Joseph P. Dugan Reference No.: 04-0258 Safety & Occupational Health Specialist Military Surface Deployment and Distribution Command 661 Sheppard Place Fort Eustis, VA 23604-1644 Dear Mr. Dugan: This responds to your letter requesting clarification of the requirements for segregation of explosives under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether transportation of Division 1.4S detonators in a dromedary box on a motor vehicle that is also transporting a trailer loaded with Division 1.1, 1.2, and 1.3 materials satisfies the segregation requirements for motor carrier transportation. The answer is no. Section 177.835(g) prohibits the transportation of detonators on the same motor vehicle with any Division 1.1, 1.2, or 1.3 material (except other detonators, detonator assemblies, or boosters with detonators), detonating cord Division 1.4 material, or Division 1.5 material unless the conditions specified in § 177.835(g)(1), (2), or (3) are met. A "motor vehicle" is defined as any number of transport vehicles powered by the same motor or engine (except vehicles that travel by rail or trolley). A "transport vehicle" is a cargo-carrying vehicle, such as an automobile, van, tractor, truck, or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (such as a trailer or dromedary box) is a separate transport vehicle. You suggest that the term "motor vehicle" as used in § 177.835(g) should be interpreted to mean "transport vehicle" to permit Division 1.4S detonators to be transported on the same motor vehicle with Division 1.1, 1.2, and 1.3 material. We do not agree. The clear intent of § 177.835(g) is to prohibit such transportation except under the conditions specified. You may petition for a regulatory change under the procedures established in 49 CFR 106.95 applicable to petitions for rulemaking. I hope this satisfies your request. Sincerely, Hitle z Makel Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 177.835(9) 040258#

Page 211/10/2004 14:10 FAX 0002/002 MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND DEPARTMENT OF THE ARMY OPERATIONS CENTER -TENTION O LEPLY TI FORT EUSTIS, VA 23604-1844. 861 SHEPPARD PLACE Betts §177.835 (9) Safety Division November 8, 2004 Mr. Edward T. Mazzullo Explosive Director, DHM-10 Office of Hazardous Materials Standards 04-0258 Research and Special Programs Administration 400 Seventh Street, SW U.S. Department of Transportation 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: 213-04 (1108) Proponent: Department of Defense Request Officlal Interpretation of standards 49 CFR 177.835(g) assemblies, and boosters with detonators. The Class 1 Compatibility Table in Para 177.848 denotes footnote 4 under Request interpretation of Para 177.835(g) as it pertains to Hazard Class/Div 1.4S detonators, detonator the group "S" column. In explaining foomote 4, para 177.848(g) (3)(iv) directs you back to 177.835(g), which states that detonators may not be transported on the same motor vehicle with any Division 1.1, 1.2, or 1.3 material (except other detonators etc). DOD believes that the term "motor vehicle" above should actually be "transport vehicle". This would allow having 1.4S detonators in a dromedary box attached to a tractor which was also pulling a trailer (the second transport vehicle loaded with other 1.1, 1..2, 1.3 materials. boosters with detonators in the first place. The hazardous nature of 1.4S material, by definition, is very minimal. A further question we have is why should this restriction affect 1.4S detonators, detonator assemblies, and Other hazardous material regulations such as International Maritime Dangerous Goods Code or AFMAN 24-204(I), Preparing Hazardous Materials for Military Air Shipments, do not make a distinotion, for compatibility purposes, small arms ammunition. Could the verbiage in Para 177.835(g) be a carryover from the days when most detonators between 1.49 detonators, detonator assemblies, and boosters with detonators and any other kinds of 1.4S, such as that marter) simply to carry 1.4S detonators, detonator assemblies, or boosters with detonators; while at the same were 1.1B items? We see no reason for requiring a separate motor vehicle (or even a separate transport vehicle for time 1.45 small arms ammunition can be loaded together with most 1.1, 1.2, 1.3 material. We believe 1.45 detonators, detonator assemblies, and boosters with detonators should be treated as they are in these other regulations; the same as any other 1,4S item. Safety Staff:, Military Surface Deployment and Distribution Command, 661 Sheppard Place, Fort Eustis, VA 23604- This request is submitted by Mr. Joseph P. Dugan, phone (157) 878-8294, e/mail dugeni@sddc.army.mil, 1644. Sincerely, Mach Po Wyndich Mark P. Wyrosdick Chief of Safety Lleurenant Colonel, US Air Force#