PHMSA Response Letter

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October 2, 2009

Mr. William H. Orth III, WL-06
Ammunition Inspector
Fort Wainwright Ammunition Supply Point
1060 Gaffney Road #7000
Fort Wainwright, AK 99703-7000

Ref. No.: 09-0152

Dear Mr. Orth:

This responds to your July 2, 2009 email requesting clarification of requirements for transporting explosives under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you may use fire-retardant tarpaulins to protect explosives transported on a motor vehicle as required by § 177.835(h).

Section 177.835(h) requires explosives to be protected from moisture and sparks and permits the use of fire- and water-resistant tarpaulin. The HMR do not define the terms “fire–resistant” or “fire-retardant.” For purposes of compliance with § 177.835(h), any tarpaulin that is manufactured using material that will protect an explosives shipment from moisture or sparks is acceptable. Note that for purposes of this section, the terms “fire-resistant” and “fire-retardant” are synonymous.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

177.835(h)