Northland Services, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration MAR 1 7 2016 Mr. Scott McElhoe Northland Services, Inc. 6700 W. Marginal Way SW Seattle, WA 98106 Ref. No. 15-0107 Dear Mr. McElhoe: This is a response to your April 15, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to the segregation of hazardous materials for vessel transport. Specifically, you request clarification on vessel stowage of "UNO332, Agent blasting, Type E, Division 1.5D" material and a "UN1942, Ammonium nitrate, Division 5.1" material in accordance with § 176.410(e) of the HMR. Your questions are paraphased and answered as follows: Q1. For vessel transport, can "UN0332, Agent blasting, Type E, Division 1.5D" material be stowed in the same freight container as "UN1942, Ammonium nitrate, Division 5.1" material? Al. The answer is yes. In accordance with § 176.410(e), ammonium nitrate and ammonium nitrate fertilizers classed as Division 5.1 (oxidizers) materials may be stowed in the same hold, compartment, magazine, or freight container with Class 1 (explosive) materials, except those containing chlorates, in accordance with the segregation and separation requirements of § 176.144 applying to "Explosive, blasting, type B, Division 1.5D" and "Explosive, blasting, type E, Division 1.5D" (i.e.., Blasting agents). That is, the ammonium nitrate and ammonium nitrate fertilizers may be treated as Division 1.5D explosives and follow the § 176.144 segregation and separation requirements for Class 1 (explosive) materials. Q2. If so, is segregation required between a freight container of "UN1942, Ammonium nitrate, Division 5.1" material and a freight container of UN0332, Agent blasting, Type E, Division 1.5D?" A2. The answer is no. Based on the § 176.410(e) allowance to treated the ammonium nitrate be stowed in the same hold or compartment. as Division 1.5D explosives, the freight containers are not required to be segregated and may#

Page 2Note that whether stowed in the same freight container or separate freight containers, the entire load of material you described in your scenario must be treated as Division 1.5D blasting explosives in accordance with § 176.140(b). I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office again. Sincerely Nationte Dirk Der Kinderen Chief, Standards Development Standards and Rulemaking Division#

Page 3Suchak $176.41012) Dodd, Alice (PHMSA) clan From: 15-0107 Sent: Geller, Shelby CTR (PHMSA) Tuesday, April 21, 2015 10:22 AM To: Hazmat Interps Subject: FW: Formal Letter of interpretation Dear Shante and Alice, Attached is a formal letter of interpretation request. Mr. McElhoe spoke with Jordan Rivera. His mailing address is: Scott McElhoe Northland Services Inc. 6700 W. Marginal Way SW Seattle, WA 98106. Thanks, Shelby From: Scott McElhoe [mailto:smcelhoe@Lynden.com] To: INFOCNTR (PHMSA) Sent: Wednesday, April 15, 2015 2:35 PM Subject: Formal Letter of interpretation Mailing addressed requested 4/16/2015 ta 12:57 pm Am I correct to interpret 49 CFR 176.410(e) that UN0332, Agent blasting Type E, 1.5D, II, may be stowed in the same freight container as UN1942, Ammonium nitrate, 5.1, III? If so, is segregation required between a freight container of UN0332 and a freight container of UN1942? Regards, Scott Me Elhoe, CSP Assistant General Manager Northland Services Inc. (206) 892-2788#