Titan Specialties, Ltd. — Hazardous Materials Safety Interpretation

Page 1U.S. Department ofTransportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E, Washington, D.C. 20590 APR f) 1 Ms. Shelly Espinoza Titan Specialties, Ltd. 143 HCR 4361 Milford, Texas 76670 Ref. No. OS-0192 Dear Ms. Espinoza: This responds to your e-mail request for clarification of the segregation requirements for explosives under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-1S0). Specifically, you ask whether a typographical error exists in the introductory text of § 177.S35(g) with regard to the transportation of Division 1.4 explosive materials, other than Division 1.4 detonating cord, on the same transport vehicle as detonators (except other detonators, detonator assemblies or boosters with detonators). It is your understanding that because there is no comma between the words "detonating cord" and "Division 1.4 material" in both sentences of the introductory text where they appear, it inadvertently prohibits the transportation of Division 1.4 material, other than Division 1.4 detonating cord, on the same transport vehicle as detonators under the conditions specified in the remainder of the paragraph. I apologize for the delay in responding and any inconvenience it may have caused. Your understanding is not correct. Section 177.835(g) establishes requirements for loading various types of explosive materials on the same transport vehicle. In accordance with this section, detonator assemblies or boosters may not be transported on the same motor vehicle as explosive material assigned to Division 1.1., 1.2, or 1.3; detonating cord that is assigned to Division 1.4; or explosive material assigned to Division 1.5. Division 1.4 materials (other than Division 1.4 detonating cord) may be transported on the same vehicle as detonator assemblies or boosters provided they are authorized for such transportation in the compatibility table for Class 1 materials in § 177.84S(f). Section 177.S35(g) authorizes detonators to be transported on the same motor vehicle as explosive material assigned to Division 1.1., 1.2, or 1.3; detonating cord that is assigned to Division 1.4; or explosive material assigned to Division 1.5 under the conditions specified in paragraphs (g)(l) thru (g)(3). Division 1.4 materials (other than Division 1.4 detonating cord)#

Page 2may be transported on the same motor vehicle as detonators without meeting the conditions specified in paragraphs (g)(l) thru (g)(3) of § 177.835(g) provided they are authorized for such transportation in the compatibility table for Class 1 materials in § 177.848(1). I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, , . ;, i i /,.ltrt-. ,,' Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards /.'¢:~11l--. '~::;z:;;" .~#

Page 3Drakeford, Carolyn <PHMSA> From: INFOCNTR <PHMSA> Sent: Wednesday, July 23, 2008 3:59 PM EdVYlOV1SOn To: Drakeford, Carolyn <PHMSA> Subject: FW: Information Center Comments/Questions ~ 17l· g~5 Cj) LOCt.d H1.j ~ ~ laQ dlV\J Og-- 0 ,G)z.Here is another request for a written letter of Interpretation. Thanks, Rob -----Original Message----From: sespinoza@titanspecialties.com [mailto: za@titanspecialties.comj Sent: Wednesday, July 23, 2008 3:33 PM To: INFOCNTR <PHMSA> Subject: Information Center Comments/Questions Below is the result 0 your feedback form. It was submitted by Shel Espinoza (sespinoza@titanspecialties.com) on Wednesday, 23, 2008 at 15:33:20. Email: sespinoza@titanspecialties.com Name: Shelley Espinoza Category: Highway (Sections 177.800 - 177.870) zation: Titan Specialties, Ltd. Street: 143 HCR 4361 Milford State: Texas Zip Code: 76670 Phone: 817.205.1183 Fax: 806.661.3819 Comments: The first and second sentences of 49 CFR 177.835(g) state that no "detonating cord Division 1.4 material" may be transported on the same motor vehicle with detonators, detonator assemblies or boosters with detonator unless the conditions in this section are met. No sion is made in this section for the transportation of detonators, detonator assemblies or boosters with detonator with Division 1.4 materials that are not detonating cord. Since this section permits detonators, detonator assemblies and boosters with detonator to be transported on the same vehicle as Division 1.1, 1.2, 1.3 and 1.5 materials under the specified conditions, it seems unlikely that it is DOT's intent to restrict Division 1.4 materials from also being transported with these products. Is a comma from each of the first two sentences between the words "det cord" and "Division 1.4"? The comma would change the meaning of the sentences to allow the transportation of detonators, detonator assemblies and boosters with detonator on the same motor vehicle with n. . detonating cord, Division 1.4 material or Division 1.5 material ••• n under the conditions specified in the section. In a conversation with a person staffing the Hazardous Materials Information Center on July 17, 2008 concerning this ect it was communicated that the missing comma in each sentence is a typographical error that has not been corrected. Written verification of the true intent of this section regarding the transportation of Division 1.4 material, other than detonating on the same vehicle as detonators, detonator assemblies or boosters with detonator is appreciated. 1#