Department of the Army — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Pipeline and Hazardous Materials Safety Administration MAR 28 2011 Mr. Daniel A. Maham Director of Safety Department of the Anny Military Surface Deployment and Distribution Command 1 Soldier Way Scott AFB, IL 62225-5006 Ref. No. 11-0035 Dear Mr. Maham: This responds to your February 15,2011 request for clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171 ~ 180). Specifically, you ask ifthe placarding exception in § 172.504( c)(1) also excepts a Division I.4S material from the shipping paper, marking, and labeling provisions of the HMR. The answer is no. The § 172.504( c)(1) placarding exception applies to placarding only, not to shipping paper, marking, and labeling provisions. The shipping paper, marking, and labeling provisions apply unless otherwise specifically excepted in the HMR. I hope this answers your inquiry. If you need additional assistance, please contact this office at (202) 366-8553. Sincerely, rB0 5 4-Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Boothe.., C3 t1Z· 50'-l0J4.) DEPARTMENT OF THE ARMY 'Pla/'I"I Yld' l/l MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND UA I r '~ 1 SOLDIER WAY 1/-J\D~ SCOTT AFB, IL 62225-5006 f.) V Directorate of Safety (AMSSD-SA) February 15,2011 U.S, Department ofTransportation Pipeline Hazardous Materials Safety Administration Oftice ofHazardous Materials Safety Office ofHazardous Materials Special Pennits and Approvals 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 ATTN: Office ofHazardous Materials Standards (PHH-I0) Dear Sir: In accordance with the provisions of Title 49, Code ofFederal Regulations (CPR), Part 105, Section 105.20, the Department ofDefense (DOD) hereby requests an Interpretation of the Hazardous Materials Regulations as outlined below. DOD petitions for a clarification of49 CFR 172.504 (c) (l) General Placarding Requirements, in particular "Exception for less than 454 kg (1,001 pounds)". The following flle number is assigned: File Number: 19-11 (0211) Re: Requc!lt Interpretation of 49 CFR 172.504 (c) (1) General Placarding Requirements Proponent: Department ofDefense The Military Surface Deployment and Distribution Command (SDDC) arranges for transportation ofDOD hazardous cargo using conunercial carriers. SDDC establishes policy, prescribes rules, and describes responsibilities for Transportation Service Providers,. Publication MFTURP-l, Rule 43, (4) implements the 49 CFR 172.504(c) (1) exception clauses (see attachment). The Directorate for Strategic Business, Business Services Branch manages the Business Rules which governs DOD transportation requirements for those commercial carriers who transport DOD hazardous cargo. A question concerning the application of the "Exception for less than 454 kg (1,001 pounds)"standard is at issue. Primarily, if a DOD shipping activity offers explosive materials DOD Haz.ard Classified as lAS and the weight limitations specified are less than 454 kg (l,001 pounds) does the provisions ofthe Hazardous Materials Regulation such as marking, labeling and shipping papers apply? Further, mav the DOD offer the materials as General Cargo corrunonly referred to as "Freight 01All Kinds (FAK)? My point of contact for this matter is Mr. Joseph P. Dugan, (618) 220-5040, e-mail sddc.safb.safety@us .army.mil or joseph.dugan@us.army.mil Safety Team, Military Surface Deployment and Distribution Command, ATTN: AMSSD-SA, One Soldier Way, Scott AFB, IL 62225. Attachment Printed on CD Recycled Paper#

Page 3MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND MILITARY FREIGHT TRAFFIC UNIFIED RULES PUBLICATION-l (MFTURP-l) NOTICE: This publication is available digitally on the SDDC website at: bttp:flwww.sddc.army.miIlPublic/Global% 20Cargo%20DistributionlDomesticlPubllcationsl This pUblication establishes policy, prescribes rules, and describes responsibilities for motor, rail, water, pipeline, and tank-truck Transportation Service Providers (TSP). These rules will assist TSP in providing safe, reliable and "Best Value" service to Department ofDefense (DOD) Shippers. POC: SDDC-G9 Military Surface D~loyment and Distribution Command ,----~-----------~----------------~~~----~---- Issue Date: 23 October 2009 Effective Date: 26 October 20~~~--~ 09 [ I t I 661 Sheppard Place Fort Eustis, ViI'gima 23604#

Page 4MOTOR TRANSPORTATION SERVICE PROVIDER RULES SECTIONB IITEM 43 FREIGHT ALL KINDS - DOD UNIQUE NUMBER 999913 1. 2. 3. 4. FAK 999913 consists ofthose commodities which TSP offer to transport at one inclusive rate or charge, regardless of their classification rating in the NMFC or their differing trasportation characteristics. The following commodities are prohibited from being included or classified as F AK: a. Narcotics and dangerous drugs b. Ammunition/explosives, Class 1, Divisions 1.1, 1.2, 1.3, lA, 1.5, and 1.6. See exception in Paragraph 4 below. c. Radioactive materials d. Etiologic agents e. Crated household goods or personal effects (see Item 45) f. Live animals g, Bulk commodities h. Corpses 1. Currency j. Coins k. Precious metals 1. Food, fresh, frozen, or requiring refrigeration m. Postage stamps or stamped envelopes n. Army tractor tanks and tracked vehicles o. Vehicles, self-propelled p. Vehicles in driveaway and/or towaway service q. Any commodity assigned a DOD unique commodity code by SDDC 1'. Aircraft parts loaded in other than boxcars or TOFCICOFC trailers or containers s. Engines 1. Missiles or Rockets FAK shipments must comply with paragraphs 3-6 that is outlined in Item 39 above. FAK shipments may include non-sensitive ammunition and explosives, Class 1, Divisions lA, 1.5, and 1.6, where the combined weight does not exceed 1,000 pounds. F AK shipments must be in compliance with 49 CFR, Part 172.504, Table 2. ! ITEM45 I FREIGHT ALL KINDS ~ DOD UNIQUE NUMBER 999913, SUB No.1 1. FAK 999913 Sub 01, including crated household goods or personal effects, consists of commodities which a TSP offer to transport at one inc:lusive rate or charge, regardless of their classification rating in the NMFC or their differing trasportation characteristics .. Issue Date: 23 October 2009 Effective Date: 26 October 2009 Military Surface Deployment and Distribution Command 661 Sheppard Place Fort Eustis. Virginia 23604 -89 I I I#