{"operation":"document","citation":"01-0270","title":"EM Science — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-07-10","effective_on":null,"summary":"01-0270 response to EM Science concerning 173.28.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0270.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0270.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0270","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010270.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Se, S.W.\nSpecial Programs\nResearch and\nWashingion, D.C. 20590\nAdministration\nJUL 10 2002\nMr. Andrew Parrella\nEM Science\nRef. No. 01-0270\nA Division of EM Industries, Inc.\n2909 Highland Avenue\nCincinnati, Ohio 45212\nDear Mr. Parrella:\nThis responds to your letter regarding \"Silicon tetrachloride, Class 8, UN 1818, PG II, imported from\nGermany by vessel, for resale and transportation to customers in the United States.\nIn your letter you stated that the \"Silicon tetrachloride\" will be shipped in a package marked as \"UN\n6PAI/Y1.9/Z1.9/250..JD/ BAM3640 - EMD.\" The product will be warehoused in a facility and\nshipped to customers throughout the United States. These customers will then return the empty,\nreassembled packaging, containing residue of the Silicon tetrachloride, to the domestic warehouse\nfacility, who will then retur the packaging back to Germany. Your questions are paraphrased and\nanswered as follows:\nQl. Is the packaging (UN 6PA1/Y1.9/Z1.9/250../D/ BAM3640 - EMD) subject to the\nrequirements for reuse under § 173.28 and, more specifically, the leakproofness test and the\nminimum thickness requirements in § 173.28(b)(2) and (b)(4), respectively.\nAl.\nThe reuse provisions only apply to UN performance-oriented or specification packagings\nmanufactured and filled in the United States and require that all packagings and receptacles\nused more than once be in such condition that they conform in all respects to the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Therefore, packagings (e.g., UN\n6PA1/Y1.9/Z1.9/250../D/ BAM3640 - EMD) may not return to the United States containing\na hazardous material requiring use of specification packaging, unless they comply with the\ngeneral requirements for all packagings and the additional general requirements for non-bulk\npackagings prescribed in §§ 173.24 and 173.24a, respectively.\nQ2.\nCan a composite packaging which meets the requirements of the Intemational Maritime\nDangerous Goods (IMDG) Code be shipped by vessel to the United States and returned to\nGermany as marked.\nA2.\nYes. Under the HMR, if all or a portion of the transportation is by vessel, a hazardous material\nwhich is packaged, marked, classed, labeled, placarded, described, stowed, and segregated\n\n<<<PAGE 2>>>\n\n-\nand certified in accordance with the IMDG Code, may be offered and accepted for\ntransportation and transported within the United States, subject to the conditions and limitations\nof requirements in § 171.12.\nEmpty packaging being returned to Germany which contain a residue of a hazardous material,\nsuch as the \"Silicon tetrachloride, Class 8, UN 1818, PG II, must be transported in the same\nmanner as when they previously held a greater quantity of the material, unless the packagings\nare sufficiently cleaned of residue and purged of vapors to remove any potential hazard, or are\nfilled with a material which is not hazardous to such an extent that any residue remaining in the\npackaging no longer poses a hazard, and thus not subject to the HMR (see § 173.29).\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nEngram\n®\n$173.28\nEM\nEM SCIENCE\nPackaging Reuse\nA Division of EM Industries, Inc.\n2909 Highland Avenue\n01-0270\nCincinnati, Ohio 45212\n(513) 631-0445\nOctober 12,2001\nDelmer F. Billings\nChief, Standards Development, DHM-11\nUS DOT RSPA\nOffice of HMS\n400 7° Street, SW\nWashington, DC 20590\nDear Mir. Billings,\nWe need your counsel for the following proposal:\nSilicon Tetrachloride; PG II, Corrosive, UN 1818, non bulk size (20L), imported from Germany,\nby vessel, for resale and transport to customers here in the United States.\nCode of Federal Regulations Title 49 states that this product may be packaged and offered for\ntransport if the packaging meets the requirements of 173.202. The proposed material will be\npackaged in a UNGPAI composite package and will be considered a \"retumable package\",\nThe product will be received and warehoused in a domestic facility. It will then be sent to\ncustomers who will use the product and then send the empty, reassembled packaging, as a\nhazardous material, back to the first recipient who, in turn, will send the packaging back to\nGermany.\nWe have (2) questions concerning the above proposal:\n(1) Is the packaging subject to the requirements stated under 173.28; Reuse,\nReconditioning, and Remanufacture of Packaging prior to reusing the\npackaging, specifically, the requirements of 173.28 (b)(2) and 173.28 (b)(4)?\n(2) The Packaging has been tested, certified, and marked to meet the IMDG Code by the\nFederal Institute for Material Research and Testing (BAM) in Germany and is marked\nas UN 6PAI/Y1.9/Z1.9/250/.../D/BAM3640-EMD. Can this composite packaging\nbe legally shipped into the US and retured to Germany as marked?\n\n<<<PAGE 4>>>\n\n« We would like to get a response as quickly as possible, Mr. Billings, as we want to begin the\nproposed use of this product at or near the end of October, 2001.\nThank you for your timely response.\nAndrew Parrella\nManager of Packaging","truncated":false,"body_characters":5199}