{"operation":"document","citation":"16-0178","title":"ICL Americans — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-05-25","effective_on":null,"summary":"16-0178 response to ICL Americans concerning 171.7.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0178.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0178.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0178","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160178.pdf","body":"<<<PAGE 1>>>\n\nICL Americas\n622 Emerson Road, Suite 500\nSt. Louis, MO 63141\nReference No. 16-0178\nDear Mr. Phillips:\nThis letter is in response to your October 18, 2016, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to special provision\n132 as it applies to vessel transportation of \"UN 2071, Ammonium nitrate-based fertilizers.\"\nSpecifically, you seek confirmation of your understanding that text was inadvertently omitted\nfrom special provision 132 as a result of numerous rulemaking changes, and you ask the status of\nspecial provision 132 as it applies to vessel transport of UN 2071 material.\nAs of October 1, 2002, special provision 132 stated:\n\"Ammonium nitrate fertilizers of this composition are not subject to the requirements of\nthis subchapter if shown by a trough test (see United Nations Recommendations on the\nTransport of Dangerous Goods, Manual Tests and Criteria. Part III, sub-section 38.2) (see\n§ 171.7 of this subchapter) not to be liable to self-sustaining decomposition and provided\nthat they do not contain an excess of nitrate greater than 10% by mass (calculated as\npotassium nitrate).\"\nSee the following chronology of changes made to special provision 132:\n- On July 31, 2003, the HM-215E final rule (68 FR 44991) revised special provision 132 to\nadd the criteria for use of this special provision, stating:\n\"This entry may only be used for uniform, ammonium nitrate-based fertilizer mixtures,\ncontaining nitrogen, phosphate or potash, meeting the following criteria: (1) Contains not\nmore than 70% ammonium nitrate; and (2) Contains not more than 0.4% total\ncombustible, organic material calculated as carbon or with not more than 45%\nammonium nitrate and unrestricted combustible material. Fertilizers within these\ncomposition limits are only subject to the requirements of this subchapter when\ntransported by aircraft or vessel, and are not subject to the requirements of this\nsubchapter if shown by a trough test, as specified in the UN Manual of Tests and Criteria,\nPart III, sub-section 38.2 (incorporated by reference; see § 171.7 of this subchapter), not\nto be liable to self-sustaining decomposition.\"\n- On December 31, 2003, the HM-189U final rule (68 FR 75733) standardized the format used\nto cross-reference consensus standards published by nationally and internationally\n\n<<<PAGE 2>>>\n\ndecomposition and provided that they do not contain an excess of nitrate greater than\n10% by mass (calculated as potassium nitrate).\"\n- On September 23, 2005, the HM-189Y final rule (70 FR 56083) revised special provision\n132 for editorial clarity, stating:\n\"This entry may only be used for uniform, ammonium nitrate based fertilizer mixtures,\ncontaining nitrogen, phosphate or potash, meeting the following criteria: (1) Contains not\nmore than 70% ammonium nitrate and not more than 0.4% total combustible, organic\nmaterial calculated as carbon or (2) Contains not more than 45% ammonium nitrate and\nunrestricted combustible material.\"\nThe editorial changes made in HM-189Y represent the current language displayed in the HMR.\nThrough the iteration of changes to special provision 132 and without specific preamble\nexplanations, the regulatory language introduced by HM-215E and refined in HM-189U stating,\n...when transported by aircraft or vessel, and are not subject to the requirements of this\nsubchapter if shown by a trough test, as specified in the UN Manual of Tests and Criteria, Part\nIII, sub-section 38.2 (incorporated by reference; see § 171.7 of this subchapter), not to be liable\nto self-sustaining decomposition,\" is missing.\nBased on the chronology of rulemaking changes and because rulemakings HM-189U and HM-\n189Y made non-substantive formatting and editorial changes only, special provision 132 should\nread as published under rulemaking HM-215E. The conditions for applicability and exceptions\nare supported by the assignment of symbols \"A\", which denotes a material transported by\naircraft and \"W\"\n, which denotes a material transported by vessel in Column (1) of the Hazardous\nMaterials Table's entry for \"UN 2071, Ammonium nitrate-based fertilizers.\" We plan to correct\nthis inadvertent omission in a future rulemaking.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nWashington, DC 20590-0001\nOctober 18, 2016\nDear Sirs:\nThis letter is to request guidance and interpretation regarding previously published text that has been\nomitted from special provision 132 in the current PHMSA CFR version of 49 CFR 172.102.\nFor vessel shipments of qualified ammonium nitrate based fertilizer the hazardous materials table\nprescribes UN2071 which references special provision 132. This special provision was modified with the\neditorial corrections in HM-189Y which omitted the trailing text \"... and are not subject to the\nrequirements of this subchapter if shown by a trough test, as specified in the UN Manual of Tests and\nCriteria, Part III, Sub-section 38.2 (IBR, see § 171.7 of this subchapter), not to be liable to self-sustaining\ndecomposition.\" This text had previously been restored to special provision 132 via HM-215E when it\nwas inadvertently omitted through changes in HM-189U.\nAmmonium nitrate based fertilizers that have been tested and determined not to exhibit self-sustaining\ndecomposition would not be subject to classification under UN2071 according to the UN Manual of\nTests and Criteria, Part III, Sub-section 38.2. Likewise under the HM-215E corrections, qualified\nfertilizers are not subject to the requirements of the subchapter. However, as currently published with\nthe text omitted by HM-189Y these materials are fully regulated and must be classified under UN2071\neven in the absence of the hazard characteristic. Due to the prior inadvertent omission of the text and\nits subsequent restoration we seek clarification regarding the status of the currently omitted portion of\nthe special provision 132 text.\nI hope this sufficiently summarizes the inquiry. Please contact me if you require clarification. Thank you\nin advance and I look forward to your response.\nSincerely,\nGreg 1. Philad\nGregory S. Phillips\nRegulatory Affairs Manager\nICL Americas\n622 Emerson Rd., Suite 500\nSt. Louis, MO 63141\nTelephone: 314-983-7807\nE-mail Gregory.phillips@icl-group.com","truncated":false,"body_characters":6421}