{"operation":"document","citation":"10-0107","title":"California National Guard U.S. Army — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-04-27","effective_on":null,"summary":"10-0107 response to California National Guard U.S. Army concerning 173.59, 173.61, 177.835, 177.848.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0107.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0107.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0107","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100107.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nAPR 272011\nMr. Robert Morrow\nCalifornia National Guard\nU.S. Army\nBuilding 101, Highway 101\nCamp Roberts, CA 93451-5000\nReference No. 10-0107\nDear Mr. Morrow:\nThis is in response to your e-mail to the Pipeline and Hazardous Materials Safety\nAdministration's Hazardous Materials Information Center requesting clarification on the\nReference No. OS-0119 letter that this agency issued on November 17,2009 concerning\ndetonating fuzes: Specifically, you ask if fuzes are considered detonators and subject to\nrequirements that prohibit them from being loaded on the same motor vehicle with other Class 1\nmaterials unless certain conditions are met that are prescribed in § 177.S35(g) under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-1S0). We apologize for the delay in\nresponding and any inconvenience this may have caused.\nYou provide several reasons why you believe the Reference No. OS-0119 letter should be\nrescinded. We have paraphrased and listed them here:\n1. 2. The examples the HMR provides in its definition of \"fuzes\" in § 173.59 identify\ndetonating fuzes as fuzes. Its definition for detonators in the same section does not.\nTherefore, \"fuzes, detonating\" are fuzes and not \"detonators.\"\nThis letter creates a problem in that it states Division LID (explosives with a mass\nexplosion hazard) materials must be transported in a different motor vehicle from other\nDivision 1.10 materials, including detonating fuzes, but the § 177.S4S(f) Compatibility\nTable for Class 1 (Explosive) Materials leads one to believe level \"D\" explosives have no\nsegregation restrictions. Note \"4\" on the § 177.S4S(f) Table directs motor vehicle\nshippers to § 177.S35(g) only when transporting explosive materials that are\ncompatibility group S, Band D (see § 177.S4S(g)(3)(iv». As a result, Division l.4S\n(explosives with no significant blast hazard) detonators must be transported in a separate\nmotor vehicle from Division 1.10 materials that are not detonators, but Division 1.lB\ndetonators can go in the same motor vehicle trailer with Division 1.lE materials that are\nnot detonators. Note \"4\" on the § 177.S4S(f) Table for compatibility group \"S\" only\nrefers to § 177.S35(g) when transporting Division l.4S detonators with any other\ncompatibility group, or compatibility group \"B\" detonators when transporting only with\ncompatibility group D explosives.\n\n<<<PAGE 2>>>\n\n3. Under § 173.59, the tenn \"detonators\" includes \"detonators for ammunition\" and\n\"detonators for blasting,\" both electric and non-electric. Detonator assemblies are related\ndetonator items that are not fuzes, in the same way that detonators are not fuzes.\n4. Section § 177.835(g) addresses detonators, detonator assemblies, and boosters with\ndetonators and § 173.59, by definition under \"detonators,\" addresses detonators for\nammunition and detonators for blasting, but neither address detonating fuzes.\n5. Detonators were originally blasting caps that were classed as Division 1.1B and then later\nrepackaged as Division 1.4B. Detonators were also incompatible with other explosive\ncompatibility groups because of their \"B\" designation. Later, when detonators were\ncreated that met the Division l.4S hazard class, the group letter was no longer enough to\nmaintain segregation and the name \"detonator\" was introduced (see Reference No. 980376).\nI believe letter Reference No. 08-0119 improperly places detonating fuzes under\nthe jurisdiction of § 177.835(g) because the definition for fuzes under the HMR does not\ninclude the word \"detonator,\" and the definition for detonator does not include the word\n\"fuzes.\"\n6. When transported by highway, Division 1.1D detonating fuzes are adequately segregated\nfrom other Division 1.1 D materials by the compatibility group \"D\" under the\n§ 177.848(f) Table. However, this table does not segregate Division 1.1D materials from\ncompatibility groups C, D, or E because they are fuzes, not detonators. Remember,\ndetonators were compatibility group B until the Modern Demolitions Initiator (MDI)\nmaterials were developed and classed as Division l.4S, creating problems with U.S.\nDepartment of Transportation regulations, but not those of the Department of Defense in\nstorage situations.\nIt is the opinion of this Office that the explosive effect of a detonator and a detonating fuze\nexhibit no significant difference in hazard characteristics when an equivalent amount of energetic\ncontent of explosive is used. Similarly, it is also the opinion of this Office that if a package\ncontaining detonators is placed next to a package containing detonating fuzes of the approximate\nsame number and energetic content per article they would exhibit few significant differences\nafter defiagration in terms of the damage they cause an outer packaging and the numbers of\nfragments they can emit. Therefore, we consider the risks detonators and detonating fuzes pose\nessentially equal for causing a mass initiation of high level explosives if stowed with these\nmaterials. In addition, it is the opinion of this Office that all materials of this type should be\nsegregated from high level explosives, and that regulatory prohibitions that segregate one type of\ndetonator from high level explosives should also apply to another type of detonator. Therefore,\nthis Office is not considering revising the definition for detonators prescribed in § 173.59 to not\ninclude detonating fuzes, or expanding segregation exceptions in the HMR to permit detonating\nfuzes to be loaded on the same transport vehicle with other explosives at this time. However,\nyou may wish to submit a petition for rule making or an application for a special permit to obtain\nthe requested relief. See 49 CFR §§ 106.95-106.130 and 107.101-107.127, respectively. Also,\nplease note that examples in the HMR are provided as guidance and must not to be used to\nexclude materials that also meet the definition of a specific hazard class or classes but are not\nlisted in the example.\nYou also ask if it is the intent of § 173.61(c) to allow detonators and fuzes to be packed with\nitems like themselves as a group and to not allow them to be packaged with any other Class 1\n2\n\n<<<PAGE 3>>>\n\nmaterial, including \"UN 0012, Cartridges for weapons, inert projectile or Cartridges, small arms,\nl.4S (explosive), Packing Group (PG) II,\" and \"UN 0014, Cartridges for weapons, black or\nCartridges, small arms, blank, l.4S, PG II.\" Section 173.61 prohibits the packaging of explosive\nitems with any other material in the same outside packaging. Paragraph (c) of this section\nprohibits detonators from being packed with other Class 1 materials except other detonators that\nmeet the compatibility requirements prescribed in § 173.61(e).\nI hope this satisfies your request.\nSincerely,\nr-7~~~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n3\n\n<<<PAGE 4>>>\n\nt...d Y}-) on .sC) V)\n~ 173. 5 q\nDrakeford, Carolyn (PHMSA) ~ fl1'~35~)\nFrom: INFOCNTR (PHMSA) £.~plo s i yes / H-\"3l-J wCt.j\nSent: Thursday, May 13, 2010 11:07 AM 10- 0 I 01\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Hazmat Information Center Feedback: General Information, Regulations, and Definitions\n(Sections 171.1 &ndash; 171.26)\nCarolyn,\nA written request for formal interpretation. See Below.\nRob\n-----Original Message----From:\nPHMSA-Feedback [mailto:PHMSA-Feedback]\nSent: Wednesday, May 12, 2010 5:27 PM\nTo: PHMSA HM InfoCenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: General Information, Regulations, and\nDefinitions (Sections 171.1 &ndashj 171.26)\n1. I Request that you rescind interpretation letter 08-0119 that places \"Fuzes,\nDetonating\" in the same category as \"detonators\" instead of remaining as \"fuzes\" as I believe\nthey should be.\n2. One problem that the letter creates is that explosives classed as 1.lD have to be\ntransported in a separate transport vehicle from other 1.lD, if the other 1.lD is a fuze,\ndetonating.... No.... correct that, ...In a different MOTOR Vehicle from other 1.1D. But the table\nalone leads one to believe that D to D has no restrictions. The table only sends one to\n177.835(g) when transporting 1.4S detonators with any other group, or group \"B\" detonators\nwhen transported with only \"D\".\n3. lAW 49 cfr, 173.59, the term fuzes include\" Fuzes, detonating\"; \"fuzes detonating with\nprotective features\" and \"fuzes igniting\". Therefore \"Fuzes, detonating\" are fuzes.\n4. lAW CFR 49 173.59 the term detonators include \"detonators for ammunition\", \"detonators\nfor blasting\", both electric and non electric.... Detonator assemblies are related detonator\ntype items that are Not fuzes the same as detonators are Not fuzes.\n5. 49 cfr 177.835(g) addresses \"detonators\", \"detonator assemblies\" and \"boosters with\ndetonators\" and by definition, \"detonators for ammunition\" and \"detonators for blasting\".\nNot \"fuzes, detonating\". The footnote (4) in the explosive compatibility table sends us to\n177.835(g) only when transporting Group S, and when group Band D collide. This would mean\nthat detonators that are 1.4S must go a separate MOTOR vehicle from 1.lD (that are not\ndetonators themselves). But detonators that are 1.lB could go on a trailer attached to a\ntruck loaded with 1.lE (not detonators). Because there is no note (4) at the intersection of\n\"B\" and any other group except \"D\".\n6. History: detonators were originally blasting caps that were classed 1.lB, and then were\nrepackaged to be 1.4B, and were incompatible with other groups because of the \"B\". Later when\ndetonators were created that were 1.4S, the group letter was no longer enough to maintain\nsegregation and the name \"detonator\" was brought into play (ref: letter 98-0376).\nInterpretation letter, Reference No. 08-0 1 19. places \"Fuzes, detonating\" under the\njurisdiction of 177.835(g)J I believe, improperly, because the definition of Fuzes, does not\ninclude the term \"detonator\" and the definition of \"detonator\" or \"detonator assemblies\" or\n\"Booster with detonator\" does not include any fuzes.\n1\n\n<<<PAGE 5>>>\n\n7. Also, there are \"Fuzes, detonating\" that are classed 1.10 and are adequately segregated\nfrom other 1.10 items by the letter «~' and the table. i.e. no segregation from C, 0, or E,\nbecause they are Fuzes, not detonators. Remember, detonators were group \"B\" until the MOl\nstuff came out and was classed as 1.45, creating problems with the DOT. Though not the DOO in\nstorage situations.\n8. Request clarification to 173.61(c), prohibiting many UN numbers (detonators and fuzes,\ndetonating) from packaging with other class 1. That would include 1.45 that are not\ndetonators in the prohibition. But the exception in 173.61(e)(3) allows «5\" to be packaged\nwith anything except Land A. Is the intent to allow detonators and fuzes, detonating to be\npackaged only with like themselves as a group, and not packaged with any other class 1,\nincluding 1.45 that are cartridges, small arms, UN0012 and UN0014?\nName: Robert Morrow\nOrganization: Army, National Guard\nEmail: robert.d.morroW@us.army.mil\nAddress: bldg 101, hwy 101\nCity: Camp Roberts\nPhone: 805 238-8731\n2","truncated":false,"body_characters":11196}