United States Coast Guard — Hazardous Materials Safety Interpretation

Page 1.S. Departmen f Transportatio 400 Seventh Street, S.W Wash ngton, D.C. 20590 ipeline an Administration azardous Materials Safel FEB 8 2007 MST2 Danielle Galligan United States Coast Guard Ref. No. 06-0197 1519 Alaskan Way South Seattle, WA 98134 Dear MST2 Galligan: This is in response to your August 24, 2006 letter requesting clarification on the shipping of Ammonium nitrate under § 176.415(b)(I) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-180). Specificaliy, you ask for clarification on acceptable packaging for shipping "Ammonium nitrate, Division 5.1 (oxidizer) UN1942" without a permit under § 176.415(b)(1) by vessel from Puget Sound to Nome, Alaska. According to your letter, one of your facilities currently transports Ammonium nitrate under the permit requirements specified in § 176.415(a) of the HMR. Your facility is requesting to transport twice the amount authorized for this material under the exception in § 176.415(b)(1). This exception allows Ammonium nitrate, Division 5.1 (oxidizer) UN1942 is packaged in a rigid packaging with a non-combustible inside packaging. Your questions are paraphrased and answered below: Q1. May a freight container be used as a rigid packaging? Al. The answer is yes. As specified in the § 172.101 Hazardous Materials Table (HMT), the authorized packaging for Ammonium nitrate, Division 5.1 (oxidizer) UN1942 can be found under § 173.240 "Bulk packaging for certain low hazard solid materials." Paragraph (c) of § 173.240 specifies that a sift-proof, non DOT- specification, closed bulk bin is as an acceptable packaging for this material. As cubic feet or more, designed and constructed to permit being lifted with its contents defined in § 171.8, a freight container is a reusable container having a volume of 64 intact and intended primarily for containment of packages (in unit form) during ransportation. Therefore, a sift-proof freight container would satisfy th equirements of a non-DOT specification, closed bulk bin as required unde pazeing for Ammonium nirit, Division S1 (osizen) UN1942 as required under § 176.415(b)(1). 173.24 C 176.41561 172.101 060197#

Page 2Q2. Is a woven plastic super sack considered "non-combustible"? A2. The answer is no. While the HMR do not specifically define a "non-combustible ignition source, it is "combustible." A woven plastic super sack is such a packaging, packaging," it is our opinion that if a packaging burns or ignites from a flammable and therefore does not conform to the provisions specified § 176.415(b)(1). § 176.415(b)(1) which allows Ammonium nitrate, Division 5.1 (oxidizer) UN1942 to be Although a freight container would meet the requirements specified under loaded or unloaded from a vessel at any waterfront facility without a permit, a voven plastic super sack is a combustible packaging and would not meet this requirement. Therefore, your shipment must comply with the U.S. Coast Guard permit requirements specified in § 176.415(a). I trust this satisfies your inquiry. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards#

Page 3iNFOCNTR <PHMSA> Foster Sent: From: danielle.p.galligan@uscg.mil $173.240 Subject: To: INFOCNTR <PHMSA> Information Center Comments/Questions 3176.415(b) Packagings MST2 Danielle Galligan (danielle.p.galligan@uscg.mil) Below is the result of your feedback form. was submitted by 1.7:21:26. on Thursday, August 24, 2006 at Email: canielle.p.galligan@uscg.mil Name: MST2 Danielle Galligan Category: 173.476) Shippers-General Requirements for Shipments and Packagings (Sections 173.1 - Organization: U.S. Coast Guard Street: 1519 Alaskan Way S. City: seattle State: Washington Z:p Code: 98134 Phone: (206)217-6165 Fax: (206) 217-6227 ir. the COTP Puget Sound ACR Comments: One of our 33 CFR 126/105 container facilities (Northland Services, Inc.) here facility domestically is requesting to ship UN1942, Ammonium Nitrate from their therefore becomes a permit requiring material and an explosive arc in-which maximum weight Because of the packaging that is being used it materials that is authorized and our staff told them that if they changed the packaging of limitations are set on the facility. The facility wants to bring in twice the amount of be required to submit a permit (49 CFR 176.415 (b) (1)) and could as much as they would the material to ridged outer and non combustible inner packages that they would no longer an outer package (they went to PHMSA and CG HQ on this), and if the woven plastic super facility then asked for a determination if a fright container could be used as No. 03-0325) their package does not meet the definition of "non-combustible". sack could be considered "non-combustible". According to a DOT interpretation letter (Ref. Earlier this morning we had a conference call with CITAT (MSTCS Stubblefield & MST1 Bornhorst). Duncan), CGHQ - G-PSO-3..Office of Operating and Environmental Standards (Mr. Richard Herzog) and here at USCG Sector Seattle (LT Thompson, ENS Pauser, MST1 Savage, MST1 Dryer and USDOT - Pipeline and Hazardous Materials Safety Administration (Mr. Kenny and myself, in order for everyone to have the entire scenario on this UN 1942 shipment in the local level could move forward as appropriate. and then as a group come up with a decision on a national level so that we at Afier this group discussion the determination was made that a shipping container is not from DOT regarding the definition of "non-combustible" inner packaging wich this proposed considered "rigid outer packaging." There was already an earlier interpretation letter shipment method does not meet that definition as discussed in the conference call. With all that said, line with what our initial determination was locally. it appears that we are now all on the same page which seems to be in letter of interpretation regarding this issue so that we can use it as a reference for We are requesting DOT hoping to have this interpretation as this issue as well as any possible future issues that may be similar in nature.| soon as possible to clear the air of any confusion#

Page 4by this facility.#