Interpretation Response #11-0011
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
November 16, 2011
Ms. Lonnie Burks
Quality Assurance Specialist
Ammunition Surveillance (QASAS)
Sunny Point Military Ocean Terminal - DSN 488
Southport, NC 28461
Ref. No.: 11-0011
Dear Ms. Burks:
This responds to your e-mail request for clarification of the segregation requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification of the segregation provisions in §§177.848 and 176.144, and the International Maritime Dangerous Goods (IMDG) Code segregation requirements, as they apply to 900 hundred containers that contain explosives with various combinations of compatibility groups C, D, and E, which are placarded with compatibility group "E." The contents of the containers are all Class 1 (explosive) "articles," not substances; however, there is a conflict in that you are being told to change the placards to compatibility group letter "D." Your questions are paraphrased and answered as follows:
Q1. Is there a relevant difference between the "or" as used in §177.848(g)(3)(ii) for highway segregation, and the "and" as used in §176.144, note 6, for vessel segregation by compatibility group letters?
A1. The answer is no. In §176.144, note "6" the word "and" and in §177.848(g)(3)(ii), the word "or" connects a series of "compatibility" group letters to require explosive articles in compatibility groups C, D, and E to be treated as compatibility group E.
Q2. Do the placards marked with the "E" compatibility group letter need to be changed to "D," if the explosives are "articles" and not "substances"?
A2. The answer is no. The applicable compatibility group letter must be displayed on the placards for Class 1 (explosive) materials shipped by aircraft or vessel. In accordance with §172.504(g)(1), explosive "articles" of compatibility groups C, D, or E may be placarded displaying compatibility group "E." In the "Compatibility Table for Class 1 (Explosive) Materials in §177.848(g)," the number "2" applies to highway segregation of explosives, and means any combination of explosives from compatibility groups C, D, or E is assigned to compatibility group "E."
Q3. Should any combination of compatibility groups C, D, or E be shown on the containers, in this case be assigned compatibility group "E".
A3. The answer is yes. For transportation by vessel and aircraft, the applicable compatibility group letter must be displayed on the placards. In this case, explosive "articles" of compatibility groups C, D, or E must be placarded displaying compatibility group letter "E." When more than one compatibility group placard is required for Class 1 (explosive) materials, only one placard is required to be displayed as provided in paragraphs (g)(1) thru (g)(4) of §172.504.
Q4. Is different placarding required for highway and vessel?
A4. The answer is no. Placards are based on the hazard class of a material and under the HMR must be as specified in the placarding tables in §172.504(e). For vessel shipments, placards authorized in accordance with the IMDG Code are acceptable. For highway and vessel, any combination of articles in compatibility groups C, D, and/or E must be treated as compatibility group "E" (See §171.22 and 172.504(g)).
I hope this information is helpful. If we can be of further assistance, please contact us.
Acting Chief, Standards Development Branch
Standards and Rulemaking Division
177.848, 176.144, 172.504, 171.22
|§ 177.848||Segregation of hazardous materials|