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Interpretation Response #02-0239 ([The Fertilizer Institute] [Pain Guffain])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: The Fertilizer Institute

Individual Name: Pain Guffain

Location State: DC Country: US

View the Interpretation Document

Response text:

Sep 24, 2002

Ms. Pain Guffain                 Reference No. 02-0239
The Fertilizer Institute
820 First Street, NE, Suite 430
Washington, DC 20002

Dear Ms. Guffain:

This is in reference to your letter submitted on behalf of the Jimmy Sanders Company of Macon, Mississippi.  You inquired whether a particular fertilizer mixture would be considered a Class 9 material under the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180).  You state the fertilizer is a blend of 3l.25% ammonium nitrate; 20.83% phosphate and 47.91% potash by mass. You also enclosed copies of a citation issued by Alabama Department of Public Safety's Motor Carrier Safety Unit (Report No. ALJWQC002895) and the shipping paper for the shipment.

We hope you understand that RSPA cannot substitute our judgment for that of a judge or magistrate that conducts a hearing on the citation.  Any opinion we provide is based solely on the information provided by you without an opportunity for the authority issuing the citation to present its views and any additional information.

The answer to your question is yes, the material is listed in the § 172.101 Table as "Ammonium nitrate fertilizer; uniform non-segregating mixtures of nitrogen/phosphate or nitrogen/potash types or complete fertilizers of nitrogen/phosphate/potash type, with not more than 70 percent ammonium nitrate and not more than 0.4 percent total added combustible material or with not more than 45 Percent ammonium nitrate with unrestricted combustible material," 9, UN2071, III.  The letters "A" and "W" in column 1 of the § 172.101 Table indicate the material is subject to the requirements of HMR only when transported by air or water.

It appears, however, on the shipping paper the material was described as "Ammonium nitrate fertilizer, 5.1, NA2072, PG III (Oxidizer)".  Under this description, the material would be subject to the requirements of the HMR when transported by all modes.

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

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

cc: Alabama Department of Public Safety
Motor Carrier Safety Unit
Highway Patrol Div
1708 Cong W L Dickinson Drive
Montgomery, AL 36109-260

172.101

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table