Interpretation Response #04-0247 ([Department of the Army, Military Surface Deployment and Distribution Command, Operations Center] [Major Mark P. Wyrosdick])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Department of the Army, Military Surface Deployment and Distribution Command, Operations Center
Individual Name: Major Mark P. Wyrosdick
Location State: VA Country: US
View the Interpretation Document
Response text:
May 16, 2005
Major Mark P. Wyrosdick Reference No. 04-0247
Department of the Army
Military Surface Deployment and Distribution Command
Operations Center
661 Sheppard Place
Fort Eustis, VA 23604-1644
Dear Major Wyrosdick:
This responds to your October 15, 2004 letter requesting clarification of requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) concerning the transportation of explosives by rail. Specifically, you ask whether flat cars designated "FC" and "FCA" in the Official Railway Equipment Register (Register may be used to transport Class 1 materials. Please accept my apology for the delay in responding and any inconvenience this may have caused.
Section 174.104 of the HMR generally requires Division 1.1 or 1.2 materials to be transported in closed cars meeting specific regulatory requirements. However, the HMR include exceptions that allow for the transportation of Class 1 materials on flatcars, including those designated FC and FCA in the Register. For example, § 174.101(b) provides that " bombs, rocket ammunition and rocket motors, Division 1.1, 1.2, or 1.3 (explosive) materials, which due to their size cannot be loaded in closed cars, may be loaded in open-top cars or on flatcars, provided they are protected from the weather and accidental ignition." Further, § 174.101(n) provides that Division 1.1 or 1.2 explosive material (except black powder packed in metal containers) may be transported in a freight container on a flatcar, provided certain conditions are met (e.g., the freight container is "designed, constructed, and maintained so a:; to be weather tight and capable of preventing the entrance of sparks," the freight container meets certain impact resistance tests, is properly placarded and has a properly executed car certificate, and provided the freight container and the lading inside the container is properly blocked and braced). Finally, § 174.101(o) provides that Division 1.1, 1.2, or 1.3 explosive material may be transported in a "tight closed" trailer on a flatcar, provided certain conditions are met. Section 174.101(o) also provides that, in certain instances, when Division 1.1, 1.2, or 1.3 materials cannot be loaded into closed trailers because of their size, the materials may be transported on open-top trailers, so long as the materials are protected against accidental ignition and certain other conditions are met.
You also ask whether the Federal Railroad Administration (FRA) has delegated authority to represent the Pipeline and Hazardous Materials Safety Administration (PHMSA; formerly the Research and Special Programs Administration) for interpretations of the HMR. As the agency delegated authority to issue hazardous materials safety and security regulations, PHMSA is responsible for issuing formal legal interpretations of the HMR and the Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.), which are published in the Federal Register, and for providing informal interpretations (advice, guidance, and clarification) concerning the requirements of Federal hazmat law and the HMR. FRA has delegated authority over "all areas of railroad safety," including the enforcement of the hazardous materials regulations issued by PHMSA. FRA and the other DOT operating administrations are authorized to issue informal interpretations that apply to a single mode of transportation or that raise issues that have been previously addressed in letters of interpretation. In consultation with PHMSA, FRA issues such informal interpretations with respect to rail transportation of hazardous materials or well-settled interpretations, such as the two informal interpretations enclosed with your letter.
If you have any further questions regarding the above interpretation, please do not hesitate to contact this office or FRA Hazardous Material Staff Director, Mr. William Schoonover, at (202) 493-6229.
Sincerely,
Susan Gorsky
Acting Director
Office of Hazardous Materials Standards
174.101, 174.104