{"operation":"document","citation":"00-0250","title":"Mr. Lane Arbittier — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-03-23","effective_on":null,"summary":"00-0250 concerning 178.509.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0250.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0250.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0250","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000250.pdf","body":"<<<PAGE 1>>>\n\nus sonation\n00 Seventh Street. SW\nashington. D.\nResearch and\nMAR 2 3 2001\necial Prograr\nministrati\n13533 Caminito Carmel\nMr. Lane Arbittier\nRef. No. 00-0250\nDel Mar, CA 92014\nDear Mr. Arbittier:\nThis is in response to your letter of August 30, 2000, requesting clarification of the capacity\nquirements for jerricans under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17:\n80). Specifically, you ask if a plastic jerrican may be certified to a 3H2 UN specification standa\nif the capacity exceeds 16 gallons.\nFor purposes of distinguishing between bulk packagings and non-bulk packagings, definitions for\nthese terms in § 171.8 limit the maximum capacity of a non-bulk packaging to 450 liters, regardless\nof whether it is intended for liquids or solids. A non-bulk packaging for solids is further limited to a\nmaximum net mass of 400 kilograms.\nWith regard to § 178.509, a UN 1H1 or 1H2 plastic drum as a receptacle for solids is limited to\nboth a maximum net capacity of 450 liters and a maximum net mass of 400 kilograms through\napplication of the definitions in § 171.8 and the criteria in paragraphs (b)(7) and (b)(8) of\n§ 178.509. However, the § 171.8 criteria are not relevant to capacity and mass limitations for a\nUN 3H1 or 3H2 jerrican because the jerrican is limited to sizes which do not approach the\nbulk/non-bulk thresholds. Therefore, it is our determination that a jerrican as a receptacle for liquids\nis limited only to a maximum capacity of 60 liters as specified in § 178.509(b)(7) and a jerrican as a\nreceptacle for solids is limited only to a maximum net mass of 120 kilograms as specified in\n§ 178.509(b)(8). It is our understanding that this determination is consistent with application of size\nlimitations in international regulations based on the United Nations Recommendations. We intend\nto clarify these provisions in future rulemaking action.\nierrican which is intended to contain no more than 75 pounds (approximately 34 kilograms) of\nIn response to your specific inquiry and based on the foregoing, you may manufacture a UN 3H2\nsolids only and has an internal volume of 17 gallons (approximately 64 liters). Since the maximum\ncapacity of the package exceeds 60 liters, it may not be used for liquids.\nI trust this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nEdward T. Mazzullo\nDirector, Office of Hazardous\n178.509\nMatiliandards\n000250\n\n<<<PAGE 2>>>\n\nAUG-31-00 THỤ 17:11\nBD-MEDSAFE\nFAX NO. 760 631 5324\nP. 02/02\nNelson\nLane Arbittier\n533 Caminito Carm\nel Mar, CA 920\n8178.504(6)(8)\nNow-barac nickleğings\nAugust 30, 2000\n202-366-3012\nVia Facsimile\nDirector, Office of Hazardous Materials Standards\nMr. Edward Mazzullo\n00-0250\nWashington, D.C. 20590\n400 7% Street SW, Suite 8422\nDear Mr. Mazullo:\nOur company recently developed a medical sharps container. We would like to certify it as a\nshipping container that complies with UN 3291, solid regulated medical waste requirements, and\nve would like to label the container with a UN package specification marking. The shape of ou\nharps container meets the definition of a 3H2 plastic removable head jerrican. It will have\nsharps).\n§178.509(b)(8), the maximum net mass for a 3H2 jerrican is 265 pounds. Fritz Wybengea told me\nAccording to §178.509(b)(7), the maximum capacity for a 3H2 jerrican is 16 gallons. According to\nthat that the maximum capacity in §178.509(b)(7) was intended for liquid containers and the\nmaximum net mass in §178.509(b)(8) was intended for solids containers. I asked Mr. Wybengea if\nI could get his interpretation in writing and he suggested that I call the DOT Help Line.\nand discussed it with his coworkers, he was unsure about the interpretation and he suggested that\nmore clarification and Mike Johnson answered my call. After Mr. Johnson researched my question\n1 write this letter.\nMy hope is that Mr. Wybengea's interpretation is correct (that is, our solids container is not limited\nto 16 gallons, it is just limited to 265 pounds).\nIf Mr. Wybengea's interpretation is not correct, we will need to quickly submit a request for an\nexemption to allow 17 gallons for our 3H2 jerrican. I believe that it would be appropriate for the\negulations to allow the 3H2 jerrican to have the same 119 gallon capacity as the other non-bull\nackages providing the jerrican is capable of passing the solid regulated medical waste tests a\nIt is our company goal to certify our 17 gallon container within two months. I would greatly\nappreciate a prompt response. Please call me at 760-631-6520 if you have any questions. Thank\nSincerely,\nLane Arbittier\nDOTQuestion.doc","truncated":false,"body_characters":4623}