{"operation":"document","citation":"99-0319","title":"Department of the Army — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-02-04","effective_on":null,"summary":"99-0319 response to Department of the Army concerning 174.81, 177.848.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0319.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0319.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0319","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990319.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nJ.S. Department\n4D0 Seventh Street, S.W.\nWashinglon, D.C.\nResearch and\nAdministration ms\nFEB 4 2000\nReference Nos.\n99-0319\n99-0303\nMr. David B. Terry\nAssistant Deputy Chief of Staff\nfor Operations\nDepartment of the Army\nHeadquarters, Military Traffic Management Command\n5611 Columbia Pike\nFalls Church, VA 22041-5050\nDear Mr. Terry:\nThis is in response to your letter requesting clarification of\nthe requirements in The Hazardous Materials Regulations (HMR;\n49 CER Parts 171-180) regarding certain explosive definitions\nand the required placarding for Class 1 materials when\ncompatibility groups G, C, D and E are transported together by\naircraft or vessel. Your questions are paraphrased and\nanswered below.\nQ1.\nWhat is the meaning of the term \"fireworks\" as used in\nSS 174.8 (g) (3) (vi) and 177.848 (g) (3) (vi)?\nAl. The term \"fireworks\" refers to Class 1 (explosive) materials\nthat have been assigned the proper shipping name \"Fireworks\" from the\nHazardous Materials Table.\nAlso, the definition of the term\n\"fireworks\" is defined in $ 173.59 as \"pyrotechnic articles designed\nfor entertainment.\"\nQ2.\nin § 177.848 (g) (3) (vi) ?\nWhat is the meaning of the terminology \"special stowage\"\nA2. The term \"special stowage\" is a term used for the stowage of\nhazardous materials aboard vessels. The term was inadvertently taken\nIrom the vessel language of the 49 CFR and does not refer to any\nstowage requirements in rail or highway transportation. This will be\ncorrected in an upcoming rulemaking.\n990319\n-\n\n<<<PAGE 2>>>\n\n\"explosive substance\" and where in the HMR are they defined?\nQ3. What is the meaning of the terminology \"explosive article\" and\ndefined in the HMR.\nThe terms \"explosive article\" and \"explosive substance\" are not\n\"explosive article\"\nrefers to an article that contains one or more\nIt is the opinion of this Office that the term\nsolid or liquid substance (or a mixture of substances) which is in\nexplosive substances.\nThe term \"explosive substance\" refers to a\nitself capable by chemical reaction of producing gas at such\nsurroundings. Although there are no specific definitions in the HMR\ntemperatures and pressure and at such speed as to cause damage to the\nfor \"explosive article\" or \"explosive substance,\" numerous examples\ndetonators and flares are explosive articles and smokeless powder and\nof each are described in 49 CFR 173.59. For example, bombs,\nsolid propellant are explosive substances.\n04.\nWhen shipping by aircraft or vessel, what are the placarding\ngroup G with articles of compatibility groups C, D and E?\nrequirements when transporting explosive articles of compatibility\nA4.\naircraft or vessel must be placarded with the appropriate Class 1\nAs prescribed in § 172.504(g), Class 1 materials transported by\nplacards (see $ 172.522). Each placard must display the applicable\ncompatibility group.\n25.\nSection 172.522 (b) states that the symbol \"*\" shall be replaced\nwith the appropriate compatibility group letter. Does this mean that\nmultiple letters, such as compatibility groups G, C, D and E may be\nplaced on one placard when shipped together?\nA5. No. Presently, the HMR requires compatibility groups G, C, D\nand E to be placed on separate placards.\n(Also, see A7.)\n06. Section 172.504 (f) (1) states, \"When more than one division\nrepresenting the forest alston nute mat be agit ye paord\nthis apply when more than one compatibility group placard is required\nfor Class 1 materials?\nA6. No. Section 172.504 does not address compatibility groups.\n(Also, see A7.)\n\n<<<PAGE 3>>>\n\n\"petition\" to use one placard versus several placards when\nQ7. If the answer is no, will you allow this letter to serve as a\ncompatibility group G is shipped together with compatibility groups\nC, D, and E?\nA7. It is not clear what you mean by \"petition.\" A petition for\nfiled in accordance with § 106.31.\naccordance with $ 107.105.\nexemption from as 107 resent our he 49 des not pe fide he required\ninformation and, therefore, may not be used to serve as either a\nproponing 0 propon is chang a coming sia at and,\nI hope this information is helpful.\nadditional assistance.\nPlease contact us if you need\nSincerely,\nHottie 2. mitthell\nRegulatory Review and Reinvention\nHattie I. Mitchell, Chief\nOffice of Hazardous Materials Standards\ncc: Mr. Thomas Heitzmann\nDept. of the Navy\n\n<<<PAGE 4>>>\n\n:\nHEADQUARTERS, MILITARY TRAFFIC MANAGEMENT COMMAND\nDEPARTMENT OF THE ARMY\nFALLS COCH VA 22045-8050\nEPLY 1\nTENTION C\n3 0 NOV 1999,\n{174.81\nSafety Branch\n177.848\nMr. Ed Mazzulla\nDirector, Office of Hazardous Materials Standards\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 Seventh Street, SW.\nWashington, DC 20590-001\nDear Sir,\nOn behalf of the United States Department of Defense (DOD), we are requesting written\n174.81(g)(3)(vi) and i77.848(g)(3)(vi). These parts provide instructional notes for using the\nclarification and interpretation of new federal regulatory rule in Title 49 CFR Parts\nCompatibility Table for Class 1 (Explosive) Materials and read as follows:\n\"(vi) '6' means explosive articles in compatibility group G, other than fireworks and those\n:\nroarind special sov se maybe stoved with aride of compatily groups C, D and B,\nSince publication of this instructional note, we have received inquiries from DOD activities\nrequesting clarification of the wording of this text. Therefore, we request official interpretation\nof this text so that we may provide accurate and consistent ordnance transportation policy\nguidance to DOD activities. Answers to the following questions would greatly assist us in this\neffort:\n(1) What is the meaning of the word \"fireworks\"? Does this only refer to items with UN Proper\nmilitary items that do not contain the term \"fireworks\" in their PSN, but have similar effects?\nShipping Name (PSN) of fireworks as listed in reference O, Part 172.101? Or, does it include\nA an em\nFor instance, these items include PSNs such as ammunition illuminating, cartridges, signal, etc.\n(2) How is the terminology \"special stowage\" to be interpreted? This term is used in the\nInternational Maritime dangerous Goods Code (IMDG) for vessel stowage and not for shipments\nby public highway and rail. In the context of this instructional note, does \"special stowage\" also\nrefer to shipments transported by public highway and rail?\n(3) How are \"article\" and \"explosive substances\" defined? Where is this cited in Title 49 CFR?\nPainted on f\nRecycled Paper\n.-___\n\n<<<PAGE 5>>>\n\n-2-\nAdditionally, please assist us in clarifying the placarding requirements for air and sea\ntransport. Specifically, placarding requirements when ARTICLES of compatibility group G with\nARTICLES of compatibility groups, C, D and E -- are shipped together. 172.522(b) states that\nthis mean that multiple letters (G, C, D, and E) must be placed on the placard when shipped\nwhen required (air and sea) * shall be replaced with the appropriate compatibility letter. Does\ntogether?\n(1) Does this mean that all compatibility group letters must appear on each of the placards as\nrequired by section 172.504(g)?\n(2) Dods this mean multiple placards must be used for each explosive \" is shipped with \"C, D,\n(3) Is also correct to assume that due to the change in the requirements, it is possible to have\nnumerous placards?\nSection 172.504(f) states:\n\"When more than one division placard is required for Class 1 materials on a transport vehicle,\nnumber must be displayed\"\nrail car, freight container or unit load device, only the placard representing the lowest division\nDoes this the same rule applicable for compatibility group letters on placards for aircraft and\nwhen \"G\" is shipped together with \"C, D, and E?\nvessel? Further, if not can this letter serve as DOD's petition for use of one placard vs. several\nape for sutenaking i tenetions\nThis clarification request is submitted by Ms. Jameelah T. Shareef, Office of Assistant\nDeputy Chief of Staff for Operations; Force Protection Division; Headquarters, Military Traffic\nManagement Command; 5611 Columbia Pike; Falls Church, VA 22041.5050.\nSincerely,\nfor lon.\nDavid B.\nAssistant Deputy Chief of Staff\nfor Operations, Operations\nFile Clarification Request\n...__...","truncated":false,"body_characters":8180}