Boyle Transportation — Hazardous Materials Safety Interpretation

Page 1:.200 New Jersev Avenue SE u.s. Department "\lashlngton, DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration AUG - 5 20n Mr. Rick Araniz Director of Operations Central & Western Area Boyle Transportation IS Riverhurst Road Billerica, MA 01821 Ref. No.: 11-0066 Dear Mr. Araniz: This responds to your e-mail dated March 17, 2011, regarding the placarding exceptions for Division 104 explosives having different compatibility groups under the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180). Specifically, you asked, for an explosive described as "UNOO12, CartridgeS, small arms, l.4S, PG II," ifyour understanding is correct that the gross weight of lAS explosives (that are not required to be labeled) should not be added to the gross weight of other lA explosives in determining the applicability of 1,001 pound, Table II, placarding exception. Your understanding is correct. In accordance with § 1 72.S04( t)( 6), the EXPLOSIVE lA placard is not required for those Division 1A Compatibility Group S (l.4S) materials that are not required to be labeled lAS. The Division lAS explosive label is not prescribed in "Column 6" of the §172.101 Hazardous Materials Table for the entry "UN0012, Cartridges, small arms, lAS, PG II." In the event ofa mixed load of 1.4 explosives ofdiffering Compatibility Groups, the amount of lAS materials using the exception in §172.S04 (t)(6) are not required to be included in the aggregate gross weight determination prescribed in § 172.504( c). As in your example, if a shipment contains I ,5871bs of"UNOOI2, Cartridges, small arms, lAS, PG II" and 846 lbs of "UN0338, Cartridges, small arms, Blank, l.4C, PG II", the shipment is not required to be placarded because the 1,587 Ibs of lAS material is not required to be included in the aggregate gross weight referenced in § 172.504( c). For your information, under 49 C.P.R. § 173.63(b)(1), "[c]artridges, small arms and cartridges, power devices (which are used to project fastening devices) which have been classed as a#

Page 2Division l.4S explosive may be rec1assed, offered for transportation, and transported as ORM-D material when packaged in accordance with [§173.63(b)(2)]." Such transportation is excepted from labeling and placarding. I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely /) ,.--fA " 1 ~, LI./,....,-; / 143--*"~,.J /. Ben Supko Chief, Standards Development Standards and Rulemaking Division#

Page 3En rum Helen From: Rick Araniz [Rick.Araniz@BOYLETRANSPORT.COM] Sent: Thursday, March 17, 2011 1 :32 PM To: Engrum, Helen (PHMSA) Cc: Operations; Steve Norbeck Subject: DoT Interpretation for mixed load Placarding requirements of Table II materials U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-19 East Building 1299 New Jersey Avenue, SE. Washington, DC 29599-9991 Ms. Helen Engrum, Thank you for taking my call today. Our understanding of Table II placarding requirements is that gross weight of 1.4S materials that do not require labels and thus don't require placarding,(example UN 9912, Cartridges for weapons, inert projectiles) as described in 172.594(f)(6)should not be added to the gross weight of other 1.4 or Table II material when a mixed load occurs. Example of the mixed load: Item 1: UN9912, Cartridges, Small Arms, 1.4S, PG II - gross weight 1,587 lbs. Item 2: UN9338, Cartridges, Small Arms, Blank, 1.4C, PG II - gross weight 846 lbs. Please verify that this mixed load would NOT require placarding because it is under the 1,991 lb requirement for Table II material and thus qualifies for the exception found in 172.594(c). Respectfully, Rick Araniz Director of Operations Central &Western Area Boyle Transportation 978.679.3494 Direct 978.671.9916 Fax Operations Center 899.343.2994 rick.araniz@boyletransport.com www.boyletransport.com ~{~ 1#