Interpretation Response #06-0192

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

Interpretation Response Details

Response Publish Date: 09/20/2006

Company Name: Austin Powder Company

Individual Name: Mr. Larry J. "Scooter" King 

Location State: OH Country: US

View the Interpretation Document

Response text:

Sep 20, 2006

Reference No. 06-0192

Mr. Larry J. "Scooter" King
Austin Powder Company
25800 Science Park Drive
Cleveland, OH 44122

Dear Mr. King:

This is in response to your August 21, 2006 e-mail, and September 7, 2006 telephone conversation with a member of my staff concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180') applicable to the transportation of ammonium nitrate. According to your letter, your company has placed one million pounds of "Ammonium nitrate, 5.1 (oxidizer), UN 1942, PG III" inside UN standard 13H1, 13H2, 13H3, or 13H4 woven plastic intermediate bulk containers (IBC s) that are flexible, sift-proof and water-resistant. You state the packages are at a dock in the State of Washington awaiting shipment to Alaska before the vessel shipping lanes close at the end of September. You ask if the IBCs, when loaded into a 20 to 40-foot metal cargo container as a combination packaging, would qualify as non-combustible inside packagings in a rigid packaging under § 176.415(b)(i) of the HMR.

The answer is no. Section 176.415(b)(1) permits UN 1942 ammonium nitrate to be loaded or unloaded from a vessel at any waterfront facility without obtaining a permit from the Captain of the Port (COPT) if the ammonium nitrate is in a rigid pack with a non-combustible inside packaging. Although the IBCs, both alone and in the combination packaging you describe, are authorized for transporting this material under § 173.240 of the HMR, and the HMR do not specifically define "non-combustible packaging," it is the opinion of this office that a plastic packaging is capable of burning or igniting from a flammable ignition source and, therefore, does not qualify as a non- combustible inner packaging under § 176.415(b)(1). You may place this material in combination packagings with metal, glass, or earthenware inner packagings; comply with the U.S. Coast Guard (USCG) permit requirements; or apply for an emergency special permit under the HMR. For more information on the USCG permit requirements, you may wish to contact Lieutenant Brett J. Thompson, USCG Sector Seattle, Facilities & Containers Branch, (206) 217-6165. The procedures for submitting an application for an emergency special permit under the HMR are contained in § 107.117. Please note that in your application you must demonstrate the packaging scheme you are proposing will achieve a level of safety at least equal to that established by the current standard.

I hope this information is helpful.

Sincerely,

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

173.415(b)(1)

Regulation Sections