Hunting Titan, Inc — Hazardous Materials Safety Interpretation

Page 1Joe Murphy Compliance Specialist II, DGSA Hunting Titan, Inc. 2 Northpoint Drive, Suite 950 Houston, TX 77060 Reference No. 17-0109 Dear Mr. Murphy: This letter is in response to your October 6, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding, segregation, and shipping paper requirements. You ask questions based on a scenario in which your company transports Division 1.4 explosive materials in a pickup truck and trailer combination. We have paraphrased and answered your questions as follows: Q1. You ask if the pickup truck with attached trailer must be placarded if both the pickup truck and trailer are loaded with less than 1,001 pounds of a Division 1.4 explosive material, respectively, but combine to equal a total aggregate weight of more than 1,001 pounds for the pickup truck and trailer combination. Al. The answer is no. In accordance with § 172.504(c)(1), except for bulk packagings and hazardous materials subject to § 172.505, placards are not required on a transport vehicle or freight container which contains less than 454 kg (1,001 pounds) aggregate gross weight of hazardous materials covered by Table 2 of § 172.504(e) when transported by highway or rail. A transport vehicle is defined in § 171.8 as, "[a] cargo carrying vehicle such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, rail car, etc.) is a separate transport vehicle." Therefore, because by definition the pickup truck and trailer are separate transport vehicles and because a Division 1.4 explosive material is listed on Table 2 of § 172.504(e), the HMR do not require placarding if each transport vehicle contains less than 1,001 pounds aggregate gross weight of a Division 1.4 explosive material. You ask how to represent the quantity of Division 1.4 explosive materials on the shipping paper to avoid confusion in transportation if placards are not required in Question Q1.#

Page 203. You ask if it is a violation of the HMR to transport a Division 1.4B explosive material on the pickup truck while also transporting a Division 1.4G explosive material on the trailer. The answer is no. The Compatibility Table for Class 1 Explosive Materials, as outlined in § 177.848(f), indicates an "X" for Compatibility Group B and G. Section 177.848(g) specifies, "The letter "X' in the table indicates that explosives of different compatibility groups may not be carried on the same transport vehicle." Therefore, the Division 1.4B and 1.4G explosive materials may not be transported on the same transport vehicle. However, there is no restriction for Compatibility Group B and G to be transported on the same motor vehicle, as defined in § 171.8. The pickup truck and trailer are considered separate transport vehicles (see Answer A1). Therefore, if the Division 1.4B explosive material is transported on the pickup truck and the Division 1.4G explosive material is transported on the trailer, it is in compliance with the HMR. Q4. You ask how to represent the Division 1.4 explosive materials on the shipping paper to avoid confusion in transportation provided there are no segregation issues with the scenario in Question Q3. A4. Each hazardous material on the motor vehicle must be properly described on the shipping paper as required by Part 172, Subpart C. Similar to Answer A2, to avoid confusion with segregation on each transport vehicle, you may include additional information following the basic description in accordance with § 172.201(a)(4), provided the information is not inconsistent with the required description. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Chief, Standards Development Standards and Rulemaking Division#

Page 3Please submit this as a letter of interpretation. Let me know if you have any questions. Thank you, Jodi From: Joe Murphy [mailto:Joe.Murphy@Hunting-intl.com] Sent: Friday, October 06, 2017 10:54 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Hunting Titan - Letter of Interpretation Request To whom it may concern, I respectfully request an interpretation letter on the following. Regulations: 49 CFR 171.8 - Transport Vehicle means a cargo-carrying vehicle such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, rail car, etc.) is a separate transport vehicle. 49 CR 172.504(c) - Exceptions for less than 454 kg (1001 pounds) (1) - A transport vehicle or freight container which contains less than 454 kg (1001 pounds) aggregate gross weight of hazardous materials covered by table 2 or paragraph (e) of this section 49 CFR 177.848(g)(2) - The letter "X" in the table indicates that explosives of different compatibility groups may not be carried on the same transport vehicle. Scenario: I have distribution centers throughout the US licensed to distribute and transport 1.4 explosive materials. In many cases they transport the 1.4 explosives in a truck and trailer combination. It's a standard pick-up truck such as a Ford F250 with a flatbed trailer. They also have many shipments when segregation is necessary due to the compatibility table for class 1 explosives. Question 1: Given the definition of a transport vehicle in 171.8 and that 1.4 explosives are on placarding table 2, are our drivers authorized to transport less than 1001 pounds of 1.4 explosives in the truck and also another 1.4 explosive load less than 1001 pounds on the trailer? The total combination weight on the truck and trailer would then be over 1001 pounds? What would be the best way to represent this on a hazardous materials Bill of lading? My concern being that we have a shipment of a single UN# and a safety officer sees a total of 1600 pounds (as an example) on the Bill of Lading.#

Page 4employee. I would also like to address the questions on the best way to represent the hazardous materials on a Bill of Lading when using the shipping method above. For example, is it best to have separate BOL's? Since the shipping paper regulations allow for it, should we simply make note of how we are shipping the material somewhere on the BOL? Very Respectfully, Joe Murphy | Compliance Specialist II, DGSA Hunting Titan, Inc. 2 Northpoint Drive | Suite 950 | Houston, TX 77060 Office: 281-448-2200 Ext. 5326 Cell: 346-302-1607 Joe.Murphy@Hunting-intl.com This E-Mail is confidential and may also be subject to legal privilege. If you are not the intended recipient, do not copy, forward or use this E-Mail for any purpose, nor disclose its contents to any other parties and notify us by return E-Mail. Warning Although this message has been checked for all known viruses using Sophos Anti-Virus Software, © 1997-2014 (all rights reserved), Hunting cannot accept responsibility for any loss or damage arising from the use of this E-Mail or attachments. Information about the company can be found at http://www.hunting-intl.com 2#