{"operation":"document","citation":"17-0109","title":"Hunting Titan, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-02-08","effective_on":null,"summary":"17-0109 response to Hunting Titan, Inc concerning 171.8, 172.201, 172.504, 172.505, 177.848.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0109.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0109.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0109","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57261/170109.pdf","body":"<<<PAGE 1>>>\n\nJoe Murphy\nCompliance Specialist II, DGSA\nHunting Titan, Inc.\n2 Northpoint Drive, Suite 950\nHouston, TX 77060\nReference No. 17-0109\nDear Mr. Murphy:\nThis letter is in response to your October 6, 2017, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding, segregation, and\nshipping paper requirements. You ask questions based on a scenario in which your company\ntransports Division 1.4 explosive materials in a pickup truck and trailer combination.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask if the pickup truck with attached trailer must be placarded if both the pickup\ntruck and trailer are loaded with less than 1,001 pounds of a Division 1.4 explosive material,\nrespectively, but combine to equal a total aggregate weight of more than 1,001 pounds for the\npickup truck and trailer combination.\nAl. The answer is no. In accordance with § 172.504(c)(1), except for bulk packagings and\nhazardous materials subject to § 172.505, placards are not required on a transport vehicle or\nfreight container which contains less than 454 kg (1,001 pounds) aggregate gross weight of\nhazardous materials covered by Table 2 of § 172.504(e) when transported by highway or rail. A\ntransport vehicle is defined in § 171.8 as, \"[a] cargo carrying vehicle such as an automobile, van,\ntractor, truck, semitrailer, tank car or rail car used for the transportation of cargo by any mode.\nEach cargo-carrying body (trailer, rail car, etc.) is a separate transport vehicle.\"\nTherefore, because by definition the pickup truck and trailer are separate transport\nvehicles and because a Division 1.4 explosive material is listed on Table 2 of § 172.504(e), the\nHMR do not require placarding if each transport vehicle contains less than 1,001 pounds\naggregate gross weight of a Division 1.4 explosive material.\nYou ask how to represent the quantity of Division 1.4 explosive materials on the shipping\npaper to avoid confusion in transportation if placards are not required in Question Q1.\n\n<<<PAGE 2>>>\n\n03.\nYou ask if it is a violation of the HMR to transport a Division 1.4B explosive material on\nthe pickup truck while also transporting a Division 1.4G explosive material on the trailer.\nThe answer is no. The Compatibility Table for Class 1 Explosive Materials, as outlined\nin § 177.848(f), indicates an \"X\" for Compatibility Group B and G. Section 177.848(g)\nspecifies, \"The letter \"X' in the table indicates that explosives of different compatibility groups\nmay not be carried on the same transport vehicle.\" Therefore, the Division 1.4B and 1.4G\nexplosive materials may not be transported on the same transport vehicle. However, there is no\nrestriction for Compatibility Group B and G to be transported on the same motor vehicle, as\ndefined in § 171.8. The pickup truck and trailer are considered separate transport vehicles (see\nAnswer A1). Therefore, if the Division 1.4B explosive material is transported on the pickup\ntruck and the Division 1.4G explosive material is transported on the trailer, it is in compliance\nwith the HMR.\nQ4. You ask how to represent the Division 1.4 explosive materials on the shipping paper to\navoid confusion in transportation provided there are no segregation issues with the scenario in\nQuestion Q3.\nA4. Each hazardous material on the motor vehicle must be properly described on the shipping\npaper as required by Part 172, Subpart C. Similar to Answer A2, to avoid confusion with\nsegregation on each transport vehicle, you may include additional information following the\nbasic description in accordance with § 172.201(a)(4), provided the information is not\ninconsistent with the required description.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPlease submit this as a letter of interpretation. Let me know if you have any questions.\nThank you,\nJodi\nFrom: Joe Murphy [mailto:Joe.Murphy@Hunting-intl.com]\nSent: Friday, October 06, 2017 10:54 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Hunting Titan - Letter of Interpretation Request\nTo whom it may concern,\nI respectfully request an interpretation letter on the following.\nRegulations:\n49 CFR 171.8 - Transport Vehicle means a cargo-carrying vehicle such as an automobile, van, tractor, truck, semitrailer,\ntank car or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, rail car, etc.) is a\nseparate transport vehicle.\n49 CR 172.504(c) - Exceptions for less than 454 kg (1001 pounds)\n(1) - A transport vehicle or freight container which contains less than 454 kg (1001 pounds) aggregate\ngross weight of hazardous materials covered by table 2 or paragraph (e) of this section\n49 CFR 177.848(g)(2) - The letter \"X\" in the table indicates that explosives of different compatibility groups may not be\ncarried on the same transport vehicle.\nScenario:\nI have distribution centers throughout the US licensed to distribute and transport 1.4 explosive materials. In many cases\nthey transport the 1.4 explosives in a truck and trailer combination. It's a standard pick-up truck such as a Ford F250\nwith a flatbed trailer. They also have many shipments when segregation is necessary due to the compatibility table for\nclass 1 explosives.\nQuestion 1: Given the definition of a transport vehicle in 171.8 and that 1.4 explosives are on placarding table 2, are our\ndrivers authorized to transport less than 1001 pounds of 1.4 explosives in the truck and also another 1.4 explosive load\nless than 1001 pounds on the trailer? The total combination weight on the truck and trailer would then be over 1001\npounds?\nWhat would be the best way to represent this on a hazardous materials Bill of lading? My concern being that we\nhave a shipment of a single UN# and a safety officer sees a total of 1600 pounds (as an example) on the Bill of Lading.\n\n<<<PAGE 4>>>\n\nemployee. I would also like to address the questions on the best way to represent the hazardous materials on a Bill of\nLading when using the shipping method above. For example, is it best to have separate BOL's? Since the shipping paper\nregulations allow for it, should we simply make note of how we are shipping the material somewhere on the BOL?\nVery Respectfully,\nJoe Murphy | Compliance Specialist II, DGSA\nHunting Titan, Inc.\n2 Northpoint Drive | Suite 950 | Houston, TX 77060\nOffice: 281-448-2200 Ext. 5326\nCell: 346-302-1607\nJoe.Murphy@Hunting-intl.com\nThis E-Mail is confidential and may also be subject to legal privilege. If you are not the intended recipient, do not copy,\nforward or use this E-Mail for any purpose, nor disclose its contents to any other parties and notify us by return E-Mail.\nWarning Although this message has been checked for all known viruses using Sophos Anti-Virus Software, © 1997-2014\n(all rights reserved), Hunting cannot accept responsibility for any loss or damage arising from the use of this E-Mail or\nattachments. Information about the company can be found at http://www.hunting-intl.com\n2","truncated":false,"body_characters":7145}