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Interpretation Response #09-0268


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

Interpretation Response Details

Response Publish Date: 05-05-2010
Company Name: Dole Explosives, Inc.    Individual Name: Mr. Samuel Dole
Location state: MN    Country: US

View the Interpretation Document


Response text:

May 5, 2010

 

 

 

Mr. Samuel Dole
Dole Explosives, Inc.
P.O. Box 71
15325 Babcock Avenue
Rosemount, MN 55068

Ref. No.: 09-0268

Dear Mr. Dole:

This is in response to your November 5, 2009 letter concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of explosives by highway. Specifically, you ask whether the HMR permit the transportation of "Boosters, 1.1D, UN0042" on any vehicle or combination of vehicles as bulk "Ammonium nitrate, 5.1, UN1942, PG III." In your letter you cite requirements in §§ 177.835 and 177.848 applicable to the segregation of ammonium nitrate fertilizer and explosive materials.

A Division 1.1 or 1.2 explosive may not be loaded into or carried on any vehicle or a combination of vehicles that does not conform to §§ 177.835(c)(1) through (4). In accordance with § 177.835(c), Ammonium nitrate, 5.1, UN1942 may not be transported on any vehicle or combination of vehicles with Boosters, 1.1D, UN0042 if the ammonium nitrate is transported in a cargo tank required to be marked or placarded in accordance with § 177.823 or if the ammonium nitrate is transported in a portable tank or a DOT specification 106A or 110A tank.

The note "A" in the second column of the segregation table for hazardous materials in § 177.848(d) means that, notwithstanding the requirements of the letter "X", ammonium nitrate (UN1942) and ammonium nitrate fertilizer may be loaded or stored with Division 1.1 (explosive) or Division 1.5 materials unless the ammonium nitrate is transported in a cargo tank required to be marked or placarded in accordance with § 177.823 or if the ammonium nitrate is transported in a portable tank or a DOT specification 106A or 110A tank. In order to clarify this issue more thoroughly, we may address this in a future rulemaking.

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

Sincerely,

Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards

177.835, 177.823, 177.848(d)


Regulation Sections

Section Subject
§ 177.848 Segregation of hazardous materials