{"operation":"document","citation":"98-0185","title":"U.S. Department of Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-08-05","effective_on":null,"summary":"98-0185 response to U.S. Department of Energy concerning 173.60.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0185.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0185.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0185","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980185.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWas Singeon S. 0590\nWashington. D.C\nSpecial Programs\nResearch and\nAUG 5 1999\nAdministration\nMr. Mark Baca\n•\nRef. No. 98-0185\nU.S. Department of Energy\nP.O. Box 5400\nAlbuquerque, NM 87185-5400\nDear Mr. Baca:\nThis is in response to your letter concerning the packaging of\nexplosives\nunder the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). We apologize for the delay in responding\nto your request and hope it has not caused you any\ninconvenience.\nBased upon the scenarios you provided, your questions have\nbeen paraphrased and answered as follows:\n01: Does the definition of a packaging in § 171.8 mean that\nall of the inner packagings, including the innermost\nplastic bags or plastic bottles, tape, bubble pack, or\nother void filler, foam lining, inner drum coatings,\nmetal drum, or other outside container must be compatible\nA1:\nYes. Section 173.60 (b) (9) states that packagings must be\nmade of materials\ncompatible with, and impermeable to,\nthe explosives contained in the package, so that neither\ninteraction between the explosives and the packaging\nmaterials, nor leakage, causes the explosive to become\nunsafe in\ntransportation, or the hazard division or\ncompatibility group to change (see § 173.24 (e) (3) (ii)).\n02:\nHow far into a particular package must the concept of\nimpermeability be carried?\nIf the innermost container\n(e.g., plastic bag or plastic bottle) and the outside\npackagings are impermeable to the explosive, do all\npackagings used still need to be compatible and\nimpermeable to the explosive?\nA2:\nYes.\nThe term \"packaging\" in § 173.60 (b) (9) is not\nlimited to inner or outer packagings only. A packaging\nas defined in § 171.8 means a receptacle and any other\ncomponents or materials necessary for the receptacle to\n113.60\n980185\n\n<<<PAGE 2>>>\n\nperform its containment function in conformance with the\nminimum packing requirements in the HMR.\nQ3:\nDo explosives that are sealed inside a 1.4 self-contained\ncomponent with a housing that is compatible and\nimpermeable to the explosive, still have to show that all\npackagings used\nare compatible and impermeable to the\nexplosive?\nA3: It depends on the way the explosive substance is \"sealed\"\nwithin an explosive article.\nIf there is a chance of\nleakage, the answer is yes.\n04: Are metal packagings required to not generate or\naccumulate sufficient static electricity to cause a\ndetonation of the substance or article?\nA4: No.\nThis\nrequirement is for plastic packagings only.\nI hope this satisfies your request.\nSincerely,\nDelmer F. Billings\nChief,\nStandards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nNT OF\nDepartment Of Energy\nPolydores\nLINA-DER\nAlbuquerque Operations Office\nP. O. Box 5400\n§ 173.60\nAlbuquerque, New Mexico 87185-5400\nJUL\n8 1998\nMr. James Jones\nExemptions & Approvals Branch\nU.S. Department of Transportation\n400 Seventh St. NW\nWashington, DC 20590-0001\nDear Mr. Jones:\nThe Department of Energy respectfully requests an interpretation and clarification of\nthe Department of Transportation's intent of Title 49, Part 173.60(b)(9) and (b)(11).\nParagraph 173.60(b)(9) states, \"Packagings must be made of material\nneither interaction between the explosives and the packaging materials, nor leakage,\ncompatible with, and impermeable to, the explosive contained in the package, so that\ncompatibility group to change.\"\ncauses the explosive to become unsafe in transportation, or the hazard class or\nScenario #1: A package of 1.1 substance or article (explosive material) is packaged\nand ready to ship. The package contains the explosive inside a static free plastic bag,\nsealed with filament tape and placed in a metal drum as an outside container that has a\nrust inhibitor coating and a foam lining. The void space between the foam lining and\nplastic bag is filled with bubble pack or some other material to keep the explosive\nstationary inside the metal drum.\nScenario #2: A package containing a 1.4 self-contained article is packaged and ready\nto ship. The package contains an article with a sealed metal housing containing the\nexplosive. The 1.4 article is further packaged in a static free plastic bag, sealed with\nfilament tape; wrapped in bubble pack and placed in a fiber box.\nScenario #3: A package with a 1.1 inside an article with a sealed housing is packaged\npackaged as tested in a metal box with a cut out foam liner and the article placed in the\nand ready to ship. The packaging causes the article to ship as a 1.4. The article is\nliner.\nPrinted on recycled paper\n\n<<<PAGE 4>>>\n\nJames Jones\n-2-\nBased on the scenarios above, our questions are as follows:\nQuestion #a: Based on the definition of packaging in 171.8, does paragraph (b)(9)\nmean that all inner packagings, including the inner most plastic bags or plastic bottles,\ntape, bubble pack or other void filler, foam lining, inner drum coatings, metal drum or\nother outside containers must be compatible and impermeable to the explosive?\nQuestion #b: The concern for the compatibility and impermeability to explosives is\nunderstood. What we don't understand is how far into the package the impermeability\nmust be carried? If the inner most container (i.e., plastic bag, plastic bottie, etc.) and\nthe outside packaging are impermeable to the explosive, then does all the bubble pack,\nfoam, and other middle packagings need to be impermeable also?\nQuestion #c: Do explosives, that are sealed inside of a 1.4 self-contained component\nwith a housing that is compatible and impermeable to the explosive, still have to show\nthat all packagings used are compatible and impermeable to the explosive?\nB.\nParagraph 173.60(b)(11) states \"Plastic packagings may not be able to\ngenerate or accumulate sufficient static electricity to cause the packaged explosive\nsubstances or articles to initiate, ignite or inadvertently function. Metal packagings\nmust be compatible with the explosive substance they contain.\"\nBeing in the business of manufacturing and shipping explosive substances and articles\nwe understand the issue of static electricity and explosives together. The confusing\ncompatible...\" Paragraph (b)(11) is very clearly talking about static electricity and\nthing about this paragraph is the last sentence (i.e., \"metal packagings must be\nexplosives.\nBased on the scenarios above, we have the following question:\nQuestion #a1: Does this mean metal packagings must be compatible with static\nelectricity, or not generate or accumulate sufficient static electricity to cause a\ndetonation of the substance or article?\nWe appreciate your written interpretation(s) based on our questions referring to the\nscenarios given.\n\n<<<PAGE 5>>>\n\nJames Jones\n3\nShould you need additional information, please do not hesitate to call Mrs. Marta\nJones, Traffic Manager, DOE/Albuquerque, on 505-845-4398.\nSincerely,\nMark C. Base\nMark Baca\nDirector\nWeapons Surety Division\nCC:\nBrian Hermann, DOE/NTP-A\nAshok Kapoor, DOE/NTP-A\nMike Tandy, LLNL\nRandy Rowan, LANL\nBarbara Hoffman, SNUNM\nGracie Miranda, SNL/CA\nAlan Rittel, AlliedSignal - Kansas City\nMark Hawk, ORNL\nDennis Claussen, Traffic Manager, DOE/RL\nJesse Beyers, Mason & Hangar - Pantex Plant\nRich Genoni, Waste Management Corporation, Hanford\nMarta Jones, Traffic Manager, DOE/AL/SD\nNicholas Davis, Traffic Specialist, DOE/ALWSD","truncated":false,"body_characters":7297}