{"operation":"document","citation":"11-0011","title":"Sunny Point Military Ocean Terminal - DSN 488 — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-11-11","effective_on":null,"summary":"11-0011 response to Sunny Point Military Ocean Terminal - DSN 488 concerning 171.22, 172.504, 176.144, 177.848.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0011","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110011.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Ave\" SE\nU.S. Department Washington, DC 20590\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nNOV 1 6 2011\nMs. Lonnie Burks\nQuality Assurance Specialist\nAmmunition Surveillance (QASAS)\nSunny Point Military Ocean Terminal- DSN 488\nSouthport, NC 28461\nRef. No.: 11-0011\nDear Ms. Burks:\nThis responds to your e-mail request for clarification of the segregation requirements in the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request\nclarification of the segregation provisions in §§177 .848 and 176.144, and the International\nMaritime Dangerous Goods (IMDG) Code segregation requirements, as they apply to 900\nhundred containers that contain explosives with various combinations of compatibility groups C,\nD, and E, which are placarded with compatibility group \"E.\" The contents of the containers are\nall Class 1 (explosive) \"articles,\" not substances; however, there is a conflict in that you are\nbeing told to change the placards to compatibility group letter \"D.\" Your questions are\nparaphrased and answered as follows:\nQ1. Is there a relevant difference between the \"or\" as used in §177 .848(g)(3)(ii) for highway\nsegregation, and the \"and\" as used in §176.144, note 6, for vessel segregation by\ncompatibility group letters?\nAI. The answer is no. In §176.l44, note \"6\" the word \"and\" and in §177.848(g)(3)(ii), the\nword \"or\" connects a series of\"compatibility\" group letters to require explosive articles\nin compatibility groups C, D, and E to be treated as compatibility group E.\nQ2. Do the placards marked with the \"E\" compatibility group letter need to be changed to\n\"D,\" if the explosives are \"articles\" and not \"substances\"?\nA2. The answer is no. The applicable compatibility group letter must be displayed on the\nplacards for Class 1 (explosive) materials shipped by aircraft or vesseL In accordance\nwith §172.504(g)(1), explosive \"articles\" of compatibility groups C, D, or E may be\nplacarded displaying compatibility group \"E.\" In the \"Compatibility Table for Class 1\n(Explosive) Materials in §I 77.848(g),\" the number \"2\" applies to highway segregation of\nexplosives, and means any combination of explosives from compatibility groups C, D, or\nE is assigned to compatibility group \"E.\"\n\n<<<PAGE 2>>>\n\nQ3. Should any combination of compatibility groups C, D, or E be shown on the containers,\nin this case be assigned compatibility group \"E\".\nA3. The answer is yes. For transportation by vessel and aircraft, the applicable compatibility\ngroup letter must be displayed on the placards. In this case, explosive \"articles\" of\ncompatibility groups C, D, or E must be placarded displaying compatibility group letter\n\"E.\" When more than one compatibility group placard is required for Class 1 (explosive)\nmaterials, only one placard is required to be displayed as provided in paragraphs (g)(l)\nthru (g)( 4) of §172.504.\nQ4. Is different placarding required for highway and vessel?\nA4. The answer is no. Placards are based on the hazard class ofa material and under the\nHMR must be as specified in the placarding tables in §172.504(e). For vessel shipments,\nplacards authorized in accordance with the IMDG Code are acceptable. For highway and\nvessel, any combination ofarticles in compatibility groups C, D, and/or E must be treated\nas compatibility group \"E\" (See §171.22 and 172.504(g».\nI hope this information is helpful. If we can be of further assistance, please contact us.\n~Sufi-\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulernaking Division\n\n<<<PAGE 3>>>\n\nEnqrurn\nz:s '-,'1. 84t6\nDrakeford, Carolyn (PHMSA) ~ II le· I '-I tf\nFrom: INFOCNTR (PHMSA) S-eg renct+io n\nSent: Thursday, January 13, 2011 10:57 AM :..:J\nTo: Drakeford, Carolyn (PHMSA) r , - 0 Ol!\nSubject: FW: Request for written interpretation (UNCLASSIFIED)\nHi Carolyn,\nWe received this request for a letter of interpretation at the Info Center. The caller\npreviously spoke with Neal Suchak, but wants a formal, written response.\nThanks,\nVictoria Lehman\nHazmat Information Center (HMIC)\nPipeline &Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE, E21-119\nWashington, D.C. 20590 http://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\n-----Original Message----From:\nBurks, Lonnie Mr CIV USA SDDC imailto:lonnie.burks@us.army.mill\nSent: Wednesday, January 12, 2011 1:30 PM\nTo: INFOCNTR (PHMSA)\nSubject: Request for written interpretation (UNCLASSIFIED)\nClassification: UNCLASSIFIED\nCaveats: FOUO\nGood day,\nI called the information center at (202)366-4488, and received the answer to me question, but\nI was told I had to send an email to get a written response that I can forward the answer to\nappropriate parties.\nI am a Quality Assurance Specialist (Ammunition Surveillance) (QASAS) at Military Ocean\nTerminal Sunny Point (MOTSU) in Southport, NC. We have one of our PREPO mission ships coming\nin soon and Army PREPO has interpreted a portion of the 49 CFR that mirrors the IMOG in a way\nthat we have conflict with and will cost extra money and add many extra man-hours of work.\nWe have about 900 containers coming off the ship that contain various combinations of\ncompatibility groups C, OJ and E which are placarded with \"E\". They want to change all of\nthose \"E\" placards to \"0\". Info as\nfollows:\n49 CFR 177.848 (g)(3)(ii), for highway, states \"2\" means any combination of explosives fromII\ncompatibility groups C, D, or E is assigned to compatibility group E \"\n-this states C, 0, (or) E\n49 CFR table 176.144 note 6, for vessel, states Any combination of articles inn\ncompatibility groups C, D, and E must be treated as compatibility group E. Any combination\nof substances in compatibility groups C and D must be treated as the most appropriate\ncompatibility group show in Table 2 of 173.50\"\n-this states C, D, (and) E\n1\n\n<<<PAGE 4>>>\n\n-the contents of the containers in question are all \"Articles\", not \"Substances\".\n-the IMDG states the same thing\nQuestions that need clarified:\n-Is there a relevant difference between the (and) and the (or) in this case?\n-Do the placards marked with the \"E\" compatibility group need to be changed to \"D\" since we\nare only dealing with \"articles\"?\n-Should any combination of compatibility groups C, D and/or E on the containers in this case\nbe assigned \"E\"?\n-In this case, is different placarding required for highway and vessel?\nThank you in advance for your assistance in this matter. Please email or call me for any\nfurther explanation or if you have other questions.\nHave a good day.\nVIr,\nLonnie\nLonnie Burks\nQuality Assurance Specialist (Ammunition Surveillance) (QASAS)\nMilitary Ocean Terminal Sunny Point (MOTSU)\nWork: (910) 457-8644 DSN 488\nCell: (918) 329-1148\nlonnie.burks@us.army.mil\nClassification: UNCLASSIFIED\nCaveats: FOUO\n2","truncated":false,"body_characters":6779}