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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #18-0151

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

Interpretation Response Details

Response Publish Date:

Company Name: Austin Powder Company

Individual Name: Darrell A. Martin

Location State: OH Country: US

View the Interpretation Document

Response text:

June 24, 2019

Darrell A. Martin
Operations Project Manager   
Austin Powder Company
25800 Science Park Drive
Cleveland, OH  44122

Reference No. 18-0151

Dear Mr. Martin:

This letter is in response to your November 29, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transport of Class 1 explosive material and Division 5.1 oxidizer material in specification intermediate bulk containers (IBCs). Specifically, you ask if the following hazardous materials may be transported in IBCs under Special Provision (SP) 148:

  • UN0332, Explosive, blasting, type E, 1.5D
  • UN0331, Explosive, blasting, type B, 1.5D
  • NA0331, Ammonium nitrate-fuel oil mixture, 1.5D
  • UN3375, Ammonium nitrate emulsion, 5.1, PG II

The answer is no for UN0332, Explosive, blasting, type E, 1.5D, UN0331, Explosive, blasting, type B, 1.5D and NA0331, Ammonium nitrate-fuel oil mixture, 1.5D. The answer is yes for UN3375, Ammonium nitrate emulsion, 5.1, PG II. Hazardous materials that are assigned SP 148 in Column (7) of § 172.101 Hazardous Materials Table (HMT) must also be assigned an IBC code to be authorized for transport in an IBC. Special Provision 148 directs readers to § 173.66 for bulk packagings for the listed hazardous materials, which specifies that only the bulk packagings specified in the IME Standard 23 (incorporated by reference in § 171.7) are authorized. IME Standard 23 requires hazardous materials that are assigned SP 148 to be transported in packagings authorized in §§ 173.240 and 173.242 of the HMR. Both §§ 173.240 and 173.242 authorize the use of IBCs only when an IBC code is listed in Column (7) of the HMT. On January 8, 2015 PHMSA published Final Rule HM-215M, "The Harmonization With International Standards (RRR)" (80 FR 1076) and revised the HMT entry for "UN3375" to include IBC codes in Column (7) of the HMT. The HMT entries for the three other hazardous materials you cited were not similarly modified to include IBC codes in Column (7). For hazardous materials not authorized to be transported in IBCs, you may wish to apply for a special permit. A special permit is a document issued by the Associate Administrator that permits a person to perform a function that is not otherwise permitted (see § 171.8).

To apply for a special permit, please submit an application to the Associate Administrator for Hazardous Materials Safety in conformance with the requirements prescribed in 49 CFR Part 107, Subpart B. You may obtain information on the special permit application process from our website at https://www.phmsa.dot.gov/approvals-and-permits/hazmat/hazardous-materials-approvals-and-permits-overview, or by calling PHMSA's Approvals and Permits Division at (202) 366-4511.

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

Sincerely,

Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division

172.101, 173.66, 171.7, 173.240, 173.242, 171.8

Regulation Sections

Section Subject
171.7 Reference material
171.8 Definitions and abbreviations
172.101 Purpose and use of hazardous materials table
173.240 Bulk packaging for certain low hazard solid materials
173.242 Bulk packagings for certain medium hazard liquids and solids, including solids with dual hazards