Military Surface Deployment and Distribution Command — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave. SE Washington. D.C. 20590 Pipeline and Hazardous Materials Safety Administration FEB 172011 Mr. Joseph P. Dugan Occupational Safety and Health Specialist Military Surface Deployment and Distribution Command Attn: AMSSD-SA Room 3133, Work Station 3G04i5 One Soldier Way, Building 1900W Scott Air Force Base, IL 62225 Reference No. 11-0031 Dear Mr. Dugan: This is in response to your February 7, 2011 e-mail to this agency's Hazardous Materials Information Center concerning Packing Method 130 under § 173.62(c)(5) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if United Nations (UN) standard packagings 4B (aluminum box) and 4C2 (natural wood box with sift-proof walls) were removed in error when this requirement was revised in a final rule published in the Federal Register on February 2, 2010 [75 FR 5376] under Docket No. PHMSA-2006-25736 (HM-231). The answer is yes. While revising Packing Method 130 to add UN standard Large Packagings, the "UN 4B" and "UN 4C2" boxes were inadvertently removed from this section. We will correct this error in a future rulemaking. This letter is to inform you that continued use of UN 4B and UN 4C2 boxes under § 173.62(c)(5), Packing Method 130, remains authorized. I hope this satisfies your request. Sincerely, )OJ~~ irectol', S dards and Rulemaking Division#

Page 2Drakeford, Carol From: INFOCNTR (PHMSA) 11- b031 Sent: Monday, February 07,2011 4: 18 PM To: Drakeford, Carolyn (PHMSA) Cc: Edmonson, Eileen (PHMSA); Lucas, Adam CTR (PHMSA) Subject: FW: Request guidance (UNCLASSIFIED) Attachments: Packaging Instruction 173.62, number 130 (3.99 KB); 49CFR 2009 PI 130.pdf; FedReg 02-02-2010 PI 130.pdf Importance: High Hi Carolyn, We received the following letter of interpretation request at the Info Center. Eileen Edmonson has begun researching this issue. The Info Center call referenced in the request was the 2/3/11 conversation between Information Specialist Adam Lucas and caller Janice Hopkins. Thanks, Victoria Victoria Lehman Hazmat Information Center (HMIC) Pipeline &Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE, E21-119 Washington, D.C. 20590 http://phmsa.dot.gov/hazmat/info-center (202) 366-1035 -----Original Message----From: Dugan, Joseph P Mr CIV USA SDDC [mailto:joseph.dugan@us.army.mill Sent: Monday, February 07, 2011 2:21 PM To: INFOCNTR (PHMSA) Cc: Edmonson, Eileen (PHMSA); Dugan, Joseph P Mr CIV USA SDDC Subject: Request guidance (UNCLASSIFIED) Importance: High Classification: UNCLASSIFIED Caveats: FOUO Standards Division, We have a problem regarding 49 CFR 173.62, Packaging Instruction 130 in the 2009 version of the HMR the following packagings were authorized: 4B and 4C2 (see attachment 1). Later a Final Rule HM231 was published in the Federal Register on 02-02-2010 with an effective date of 10-01-2010, Packaging Instruction 130 was modified, both authorized packagings 4B and 4C2 were omitted. (see attachment 2) DOD is a large shipper of explosive materials which use both formerly approved configurations. Could you please clarify were the 2 packagings removed by design or through a publishing error? I have attached a message from one of the DOD Components asking for the guidance (attachment 3), as you can see the HOTLINE did provide a verbal response but I must send out guidance to the DOD shipping community and require substantive proof that the information we distribute is verifiable. 1#

Page 3Please respond as quickly as possible because at this very moment there are a significant amount of weapon systems being held pending resolution of this problem. Thank you. Joseph P. Dugan Occupational Safety & Health Specialist Military Surface Deployment and Distribution Command Attn: AMSSD-SA Room 3133, Work Station 3G04i5 One Soldier Way, Building 1900W Scott AFB, IL 62225 Voice: (618) 22e-5040 DSN: 770-5040 Email address: joseph.dugan@us.army.mil Organizational E/Mail Box: sddc.safb.safety@us.army.mil Classification: UNCLASSIFIED Caveats: FOUO 2#