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Interpretation Response #11-0122 ([Safety Management Services Inc.] [Mr. A. Garn Butcher])

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

Interpretation Response Details

Response Publish Date:

Company Name: Safety Management Services Inc.

Individual Name: Mr. A. Garn Butcher

Location State: UT Country: US

View the Interpretation Document

Response text:

August 12, 2011



Mr. A. Garn Butcher

Explosives Safety Specialist

Safety Management Services Inc.

1847 West, 9000 South, Suite 201

West Jordan, UT 84088

Reference No.: 11-0122

Dear Mr. Butcher:

This responds to your May 25, 2011 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to UN 3366, "Trinitrotoluene (TNT), wetted, with not less than 10 percent water by mass," and

UN 1356, "Trinitrotoluene wetted or TNT, wetted, with not less than 30 percent water by mass." Specifically, you ask whether these materials are Division 4.1 (Flammable solid) materials, and can be transported without an EX number. You also request clarification of the packaging authorized by the HMR for these materials.

Under § 173.22, it is the shipper's responsibility to class and describe a hazardous material. This Office does not normally perform this function. However, you are correct in your understanding that these materials are both Division 4.1 materials, and do not require an EX number. In accordance with § 173.124(a)(1)(ii), materials properly classed as desensitized mixtures of explosive materials and specifically listed in the Hazardous Materials Table (§ 172.101), in this case UN 3366, "Trinitrotoluene (TNT), wetted, with not less than 10 percent water by mass," and UN 1356, "Trinitrotoluene wetted or TNT, wetted, with not less than 30 percent water by mass," may be transported as Division 4.1 materials and do not require an EX number. Please note that some of the special provisions assigned to each of these materials are in error in the HMR. Special Provision 23 should apply to UN 3366, not UN 1356. In addition, as specified in the HMT for both of these materials, please refer to § 173.211 for approved non-bulk packaging.

I hope this satisfies your inquiry. Please contact us if we can be of further assistance.


T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

172.101, 173.22, 173.124

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.124 Class 4, Divisions 4.1, 4.2 and 4.3-Definitions
173.22 Shipper's responsibility