Manager of Technical Services — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration AUG 24 2006 Mr. Lon D. Santis Reference No.: 06-0117 Manager of Technical Services Institute of Makers of Explosives Suite 310 1120 Nineteenth Street, NW Washington, DC 20036-3605 Dear Mr. Santis: This responds to your May 18, 2006 letter regarding the description of Class 1 materials on a shipping paper in accordance with the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Your questions relate to the requirement for the shipping paper to include the net explosive mass (NEM) of the article being transported. Your questions are paraphrased and answered below. Q1. The HMR appear to require shipping papers to list the NEM as a whole rumber. For an article containing less than one kilogram total NEM, may the NEM be expressed as "less than one kg" rather than the actual NEM? Al. No. As provided in § 172.202(a)(5)(i), for an explosive article, the quantity shown on a shipping paper may be expressed in terms of the net mass of the article or the net mass of the explosive substance in the article. The HMR do not require the quantity to be expressed in whole numbers; indeed, the NEM should be is accurate indicated on the shipping paper must be either the net mass of the article itself or as possible. Thus, for an article containing less than one kilogram NEM, the NEM the net mass of the explosive material in the article. Q2. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) uses a general standard of 0.7 grams of explosive material per detonator to calculate the quantity A2. No. Transportation of hazardous materials poses certain risks that are not present when materials are stored. Your suggested approach has the potential to underestimate the actual hazard of the article because an estimate rather than known quantity is used to express NEM. Such errors may be more critical in transportation where exposure to hazards is greater, which increases the risk to the public, transportation workers, and emergency response personnel. For this reason 192-202 (a)s)i) 060117#

Page 2we do not agree that standards applicable to the storage of explosives outside of transportation should be applied in a transportation scenario. For a detonator, the NEM must be either the net mass of the detonator itself or the net mass of the explosive material in the detonator. shipping paper in terms of the net mass of the article or the net mass of the explosive We believe the option provided in the HMR allowing a shipper to express the NEM on a material contained in the article provides flexibility for the regulated community and has worked well for transportation. It allows a conservative estimate of explosive mass unless the more precise NEM of the explosive substance in the article, which is available from the explosives approval process, is provided. Changing this requirement in the way requested would require a regulatory change or a special permit rather than an interpretation. I hope this information is helpful. Please contact this Office if you have questions or need additional information. Sincerely, • Director, Office of Hazardous Edward T. Mazzullo Materials Standards#

Page 3MAY-19-06 06:26 From: Corbin T-003 P.0102 dob-888 LOSTITUTE OF MAKERs oF $172.2.02 (a) 5)(1) EXPLOBIVES Shipping Papers 011Z The safety & security institute of the commercial explosives industry • Founded 1913 May 18, 2006 Dr. Robert MoGuire Office of Hazardous Materials Safety Associate Administrator US Department of Transportation Pipeline and Hazardous Materials Safety Administration Washington, DC 20590 400 Seventh St., SW RE: Regulatory Interpretation Dear Dr. McGuire: 49 CFR 172.202(a)(S)(i), which requires net explosive mass (NEM) on shipping papers for Class I am writing on behalf of the Institute of Makers of Explosives (IME) regarding interpretation of 1 materials. The IME is the safety and security association of the commercial explosives industry. Our ther essontial operations. Commercial explosives are transported and used in every state dditionally, our products are distributed worldwide. The ability to transport and distribute thes products safely and securely is critical to this industry. Last August, we met with PHMSA to explain compliance difficulties and questions with the isted on the shipping paper contains less than onc kilogram total NEM (including all the article HMSA expects shipping papers to list the NEM in whole number kilograms. When a produc covered by that entry, IME believes that the shipping paper should list the NEM as "less than I KG" for that entry. IME also requests that PHMSA allow the use of one gram per detonator when calcu ating NEM detonator contains no more than two grams NEM. The Department of Justice's Bureau of for UN numbers 0360, 0361, 0500, 0030, 0255, 0456, 0029, 0267, and 0455 so long as the material per detonator to calculate quantity-distance requirements for explosives storage at 27 Alcohol, Tobacco. Firearms and Explosives uses a general standard of 0.7 grams of explosive detonator will greatly aid in compliance without sacrificing safety. CFR 555.218, Note(3). For NEM on shipping papers, a general standard of one gram per 1120 Nineteenth Street, N.W. • Suite 310 • Washington, D.C. 20036-3605 • Tel: (202) 429-9280 • Fax (202) 293-2420#

Page 4MAY-19-06 06:26 From: T-803 P.02/02 Job-939 interpretation clarifying its position on these issues. Please contact me at 202-266-4333 if you Thank you for your attention to this matter. IME membership will benefft from a formal letter of have any questions Sincerely, Manager of Technical Services Lon D. Santis,#