Department of the Army — Hazardous Materials Safety Interpretation

Page 1of Transportation J.S. Department 4D0 Seventh Street, S.W. Washinglon, D.C. Research and Administration ms FEB 4 2000 Reference Nos. 99-0319 99-0303 Mr. David B. Terry Assistant Deputy Chief of Staff for Operations Department of the Army Headquarters, Military Traffic Management Command 5611 Columbia Pike Falls Church, VA 22041-5050 Dear Mr. Terry: This is in response to your letter requesting clarification of the requirements in The Hazardous Materials Regulations (HMR; 49 CER Parts 171-180) regarding certain explosive definitions and the required placarding for Class 1 materials when compatibility groups G, C, D and E are transported together by aircraft or vessel. Your questions are paraphrased and answered below. Q1. What is the meaning of the term "fireworks" as used in SS 174.8 (g) (3) (vi) and 177.848 (g) (3) (vi)? Al. The term "fireworks" refers to Class 1 (explosive) materials that have been assigned the proper shipping name "Fireworks" from the Hazardous Materials Table. Also, the definition of the term "fireworks" is defined in $ 173.59 as "pyrotechnic articles designed for entertainment." Q2. in § 177.848 (g) (3) (vi) ? What is the meaning of the terminology "special stowage" A2. The term "special stowage" is a term used for the stowage of hazardous materials aboard vessels. The term was inadvertently taken Irom the vessel language of the 49 CFR and does not refer to any stowage requirements in rail or highway transportation. This will be corrected in an upcoming rulemaking. 990319 -#

Page 2"explosive substance" and where in the HMR are they defined? Q3. What is the meaning of the terminology "explosive article" and defined in the HMR. The terms "explosive article" and "explosive substance" are not "explosive article" refers to an article that contains one or more It is the opinion of this Office that the term solid or liquid substance (or a mixture of substances) which is in explosive substances. The term "explosive substance" refers to a itself capable by chemical reaction of producing gas at such surroundings. Although there are no specific definitions in the HMR temperatures and pressure and at such speed as to cause damage to the for "explosive article" or "explosive substance," numerous examples detonators and flares are explosive articles and smokeless powder and of each are described in 49 CFR 173.59. For example, bombs, solid propellant are explosive substances. 04. When shipping by aircraft or vessel, what are the placarding group G with articles of compatibility groups C, D and E? requirements when transporting explosive articles of compatibility A4. aircraft or vessel must be placarded with the appropriate Class 1 As prescribed in § 172.504(g), Class 1 materials transported by placards (see $ 172.522). Each placard must display the applicable compatibility group. 25. Section 172.522 (b) states that the symbol "*" shall be replaced with the appropriate compatibility group letter. Does this mean that multiple letters, such as compatibility groups G, C, D and E may be placed on one placard when shipped together? A5. No. Presently, the HMR requires compatibility groups G, C, D and E to be placed on separate placards. (Also, see A7.) 06. Section 172.504 (f) (1) states, "When more than one division representing the forest alston nute mat be agit ye paord this apply when more than one compatibility group placard is required for Class 1 materials? A6. No. Section 172.504 does not address compatibility groups. (Also, see A7.)#

Page 3"petition" to use one placard versus several placards when Q7. If the answer is no, will you allow this letter to serve as a compatibility group G is shipped together with compatibility groups C, D, and E? A7. It is not clear what you mean by "petition." A petition for filed in accordance with § 106.31. accordance with $ 107.105. exemption from as 107 resent our he 49 des not pe fide he required information and, therefore, may not be used to serve as either a proponing 0 propon is chang a coming sia at and, I hope this information is helpful. additional assistance. Please contact us if you need Sincerely, Hottie 2. mitthell Regulatory Review and Reinvention Hattie I. Mitchell, Chief Office of Hazardous Materials Standards cc: Mr. Thomas Heitzmann Dept. of the Navy#

Page 4: HEADQUARTERS, MILITARY TRAFFIC MANAGEMENT COMMAND DEPARTMENT OF THE ARMY FALLS COCH VA 22045-8050 EPLY 1 TENTION C 3 0 NOV 1999, {174.81 Safety Branch 177.848 Mr. Ed Mazzulla Director, Office of Hazardous Materials Standards Research and Special Programs Administration U.S. Department of Transportation 400 Seventh Street, SW. Washington, DC 20590-001 Dear Sir, On behalf of the United States Department of Defense (DOD), we are requesting written 174.81(g)(3)(vi) and i77.848(g)(3)(vi). These parts provide instructional notes for using the clarification and interpretation of new federal regulatory rule in Title 49 CFR Parts Compatibility Table for Class 1 (Explosive) Materials and read as follows: "(vi) '6' means explosive articles in compatibility group G, other than fireworks and those : roarind special sov se maybe stoved with aride of compatily groups C, D and B, Since publication of this instructional note, we have received inquiries from DOD activities requesting clarification of the wording of this text. Therefore, we request official interpretation of this text so that we may provide accurate and consistent ordnance transportation policy guidance to DOD activities. Answers to the following questions would greatly assist us in this effort: (1) What is the meaning of the word "fireworks"? Does this only refer to items with UN Proper military items that do not contain the term "fireworks" in their PSN, but have similar effects? Shipping Name (PSN) of fireworks as listed in reference O, Part 172.101? Or, does it include A an em For instance, these items include PSNs such as ammunition illuminating, cartridges, signal, etc. (2) How is the terminology "special stowage" to be interpreted? This term is used in the International Maritime dangerous Goods Code (IMDG) for vessel stowage and not for shipments by public highway and rail. In the context of this instructional note, does "special stowage" also refer to shipments transported by public highway and rail? (3) How are "article" and "explosive substances" defined? Where is this cited in Title 49 CFR? Painted on f Recycled Paper .-___#

Page 5-2- Additionally, please assist us in clarifying the placarding requirements for air and sea transport. Specifically, placarding requirements when ARTICLES of compatibility group G with ARTICLES of compatibility groups, C, D and E -- are shipped together. 172.522(b) states that this mean that multiple letters (G, C, D, and E) must be placed on the placard when shipped when required (air and sea) * shall be replaced with the appropriate compatibility letter. Does together? (1) Does this mean that all compatibility group letters must appear on each of the placards as required by section 172.504(g)? (2) Dods this mean multiple placards must be used for each explosive " is shipped with "C, D, (3) Is also correct to assume that due to the change in the requirements, it is possible to have numerous placards? Section 172.504(f) states: "When more than one division placard is required for Class 1 materials on a transport vehicle, number must be displayed" rail car, freight container or unit load device, only the placard representing the lowest division Does this the same rule applicable for compatibility group letters on placards for aircraft and when "G" is shipped together with "C, D, and E? vessel? Further, if not can this letter serve as DOD's petition for use of one placard vs. several ape for sutenaking i tenetions This clarification request is submitted by Ms. Jameelah T. Shareef, Office of Assistant Deputy Chief of Staff for Operations; Force Protection Division; Headquarters, Military Traffic Management Command; 5611 Columbia Pike; Falls Church, VA 22041.5050. Sincerely, for lon. David B. Assistant Deputy Chief of Staff for Operations, Operations File Clarification Request ...__...#