Safety Management Services Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington. DC 20590 Pipeline and Hazardous Materials Safety Administration AUG 122011 Mr. A. Gam Butcher Explosives Safety Specialist Safety Management Services Inc. 1847 West, 9000 South, Suite 201 West Jordan, UT 84088 Reference No.: 11-0122 Dear Mr. Butcher: This responds to your May 25, 2011 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to UN 3366, "Trinitrotoluene (TNT), wetted, with not less than 10 percent water by mass," and UN 1356, "Trinitrotoluene wetted or TNT, wetted, with not less than 30 percent water by mass." Specifically, you ask whether these materials are Division 4.1 (Flammable solid) materials, and can be transported without an EX number. You also request clarification of the packaging authorized by the HMR for these materials. Under § 173.22, it is the shipperfs responsibility to class and describe a hazardous material. This Office does not normally perform this function. However, you are correct in your understanding tha.t these materials are both Divis~on 4.1 materials, and do not require an EX number. In accordance with § 173.124(a)(1)(ii), materials properly classed as desensitized mixtures of explosive materials and specifically listed in the Hazardous Materials Table (§ 172.101), in this case UN 3366, "Trinitrotoluene (TNT), wetted, with not less than 10 percent water by mass," and UN 1356, "Trinitrotoluene wetted or TNT, wetted, with not less than 30 percent water by mass," may be transported as Division 4.1 materials and do not require an EX number. Please note that some of the special provisions assigned to each of these materials are in error in the HMR. Special Provision 23 should apply to UN 3366, not UN 1356. In addition, as specified in the HMT for both of these materials, please refer to § 173.211 for approved non-bulk packaging. I hope this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2I+ndre{JJs Drakeford, Carolyn (PHMSA) ~ I7Z· I0 , From: Betts, Charles (PHMSA) Propp,- &, ippl fJj Name Sent: Thursday, May 26, 2011 4:50 PM To: Drakeford, Carolyn (PHMSA) 1 I 'l'\ Cc: Andrews, Steven (PHMSA); Foster, Glenn (PHMSA) - U 12'2. Subject: FW: Flammable solid TNT Please log in this new request for interpretation and assign to Mr. Steven Andrews. Thanks, Charles From: Watson, Spencer (PHMSA) Sent: Thursday, May 26, 2011 3:55 PM To: Betts, Charles (PHMSA); Pfund, Duane (PHMSA); Boyle, Rick (PHMSA); Ke, Charles (PHMSA); Vos, Brian (PHMSA); Nicklous, Joseph (PHMSA); Singh, Harpreet (PHMSA) Cc: Butcher, Garn Subject: FW: Flammable solid TNT CharlesGarn's question I believe should be addressed officially by Standards. Nowj there are two 172.101 table entries for TNT, wetted with 30% water (1356) and 10 % water(UN3366), both as 4.1. One takes SP 162 and the other takes SP 23. ,Jthi k there's a mix-u in hos ou h. think the 10% wetted TNT should take the SP 23 and the 30% should take SP 162, . hich would agree with the UN Model regulations that there's an im osed 500 ram maximum for 10 percent water wet TNT. In either case, however, I believe t ey don't need an approval to ship first . • ______.~"'..::to Spence Watson USDOT/PHMSA- PHH21 1200 New Jersey Ave S.E. Washington, DC 20590 (202)366-8830 - Phone (240) 285-3503 - Mobil From: Garn Butcher [mailto:gbutcher@sms-ink.com] Sent: Wednesday, May 25, 2011 5:27 PM To: Watson, Spencer (PHMSA) Subject: Flammable solid TNT Spencer: Hope the meetings with the labs is going well. If you get a chance, I have a question on TNT. I have a client who said that he was told by a burn facility that TNT wetted at 10% with water and packaged in 5-gallon containers is a 4.1 Flammable solid, and can be sent without an EX number. Is this correct? Does the manufacturer still have to apply for a shipping authorization through a testing lab to ship in this configuration as a4.1? (My research says UN3366 is 10% wet, shipped 4.1, pg 1, and UN1356 is 30% wet also shipped 4.1, pg 1, but neither as I can determine specify any container size other than non-bUlk. IF this is true, then can he ship in 55 gallon drums, wet as 4.1 without any tests?) 1#

Page 3Thanks Gam. A. Garn Butcher Explosive Safety Specialist Safety Management Services, Inc. 1847 West, 9000 South, Suite 201 West Jordan, Utah 84088 Phone (801) 567-0456 Fax (801) 567-0457 gbutcher(a!sms-ink. com 8M8 2#