Interpretation Response #15-0107
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
March 17, 2016
Mr. Scott McElhoe
Northland Services, Inc.
6700 W. Marginal Way SW
Seattle, WA 98106
Ref. No. 15-0107
Dear Mr. McElhoe:
This is a response to your April 15, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to the segregation of hazardous materials for vessel transport. Specifically, you request clarification on vessel stowage of “UN0332, Agent blasting, Type E, Division 1.5D” material and a “UN1942, Ammonium nitrate, Division 5.1” material in accordance with § 176.410(e) of the HMR. Your questions are paraphased and answered as follows:
Q1. For vessel transport, can “UN0332, Agent blasting, Type E, Division 1.5D” material be stowed in the same freight container as “UN1942, Ammonium nitrate, Division 5.1” material?
A1. The answer is yes. In accordance with § 176.410(e), ammonium nitrate and ammonium nitrate fertilizers classed as Division 5.1 (oxidizers) materials may be stowed in the same hold, compartment, magazine, or freight container with Class 1 (explosive) materials, except those containing chlorates, in accordance with the segregation and separation requirements of § 176.144 applying to “Explosive, blasting, type B, Division 1.5D” and “Explosive, blasting, type E, Division 1.5D” (i.e., Blasting agents). That is, the ammonium nitrate and ammonium nitrate fertilizers may be treated as Division 1.5D explosives and follow the
§ 176.144 segregation and separation requirements for Class 1 (explosive) materials.
Q2. If so, is segregation required between a freight container of “UN1942, Ammonium nitrate, Division 5.1” material and a freight container of UN0332, Agent blasting, Type E, Division 1.5D?”
A2. The answer is no. Based on the § 176.410(e) allowance to treated the ammonium nitrate as Division 1.5D explosives, the freight containers are not required to be segregated and may be stowed in the same hold or compartment.
Note that whether stowed in the same freight container or separate freight containers, the entire load of material you described in your scenario must be treated as Division 1.5D blasting explosives in accordance with § 176.140(b).
I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office again.
Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division
176.410(e), 176.144, 176.140(b)
|§ 176.140||Segregation from other classes of hazardous materials|