Interpretation Response #24-0054
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
Individual Name: Daniel D. Barner
Location State: OH Country: US
View the Interpretation Document
Response text:
December 10, 2024
Daniel D. Barner
Austin Powder
28500 Science Park Dr.
Cleveland, OH 44122
Reference No. 24-0054
Dear Mr. Barner:
This letter is in response to your June 25, 2024, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the loading and unloading of hazardous materials from a vessel without written permission (i.e., a permit) obtained from the Captain of the Port (COTP), as specified in § 176.415(b). Specifically, you ask whether “UN3375, Ammonium nitrate emulsion” and "UN0332, Explosive, blasting, Type E" packaged in IM 101 and IM 102 portable tanks are materials that may be loaded on or unloaded from a vessel at a waterfront facility without a permit from the COTP.
The answer is no. Neither UN3375 nor UN0332 is included in the list of Division 1.5, ammonium nitrates and certain ammonium nitrate fertilizers that may be loaded on or unloaded from a vessel at any waterfront facility without a permit, according to § 176.415(b). While Division 1.5D materials in rigid packaging with non-combustible inside packaging are permitted to be loaded or unloaded without a permit from the COTP as specifically listed in § 176.415(b)(3), IM 101 and IM 102 portable tanks do not meet this standard, as they do not typically contain inside packagings of any kind. You may apply for a special permit for the exception you described by applying 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 Branch
Standards and Rulemaking Division
176.415(b), 176.415(b)(3)