{"operation":"document","citation":"02-0269","title":"Defense Logistics Agency — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-11-07","effective_on":null,"summary":"02-0269 response to Defense Logistics Agency concerning 173.164.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0269.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0269.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0269","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020269.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nspecial Programs\nResearch and\nAdministration\nNOV - 7 2002\nMr. F. Kevin Reilly\nRef. No. 02-0269\nDirector, Directorate of Environmental Management\nDefense Logistics Agency\n8725 John J. Kingman Road, Suite 3229\nFt. Belvoir, VA 22060-6223\nDear Mr. Reilly:\nThis is in response to your September 12, 2002 letter concerning marking and labeling requirements\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).. Specifically, you request\nwritten confirmation of a verbal opinion you received from our Hazardous Materials Information Center\n(HMIC) regarding marking requirements on flasks of mercury. In your situation, you wish to place a\nnumber of metal flasks containing mercury in 30-gallon, UN Specification. 1A2 drums meeting the PG I\nrequirements for solids or inner containers. Each metal flask meets the packaging requirements for\nmercury under § 173.164(d). Your question is whether each flask must be marked and labeled, or if\neach 30-gallon drun may be marked and labeled without marking and labeling the inside metal flasks.\nThe interpretation you received from HMIC is correct. As authorized in § 173.164(d), the flasks can\nbe considered inner packagings and the 30-gallon drums meet the required outer packaging\nrequirements. Therefore, each 30-gallon drum must be marked and labeled. If the drums are\noverpacked on a pallet secured with shrinkwrap or other material and the markings and labels on the\ndrums are not visible through the overpack, then the overpack will require the marking and label that\nappears on the drums.\nI hope this satisfies your request.\nSincerely,\nDelmer F. Billings\nChief. Standards Development\nOffice of Hazardous Materials Standards\n173.164(d)\n020269\n\n<<<PAGE 2>>>\n\nDEFENSE NATIONAL STOCKPILE CENTER\nDEFENSE LOGISTICS AGENCY\nJohnsen\n8725 JOHN J. KINGMAN ROAD, SUITE 3229\n$173.164(d)\nFT. BELVOIR, VIRGINIA 22060-6223.\nExemption\nIN REPLY\nREFER TO\nDNSC-E\n89 1 2 2\n02-0269\nMr. Robert A. McGuire\nAssociate Administrator for Hazardous\nMaterials Safety\nResearch and Special Programs\nAdministration\n400 Seventh Street, SW\nU. S. Department of Iransportation\nXEMPTOBO E\nwashington, D.C. 20590-0001\n02 SEP 19 FM12: 18\nATTENTION: Exemptions, DHM-31\nDear Mr. McGuire:\nAND EXEMPTION FROM MARKING AND LABELING REQUIREMENIS FOR\nREQUEST FOR CONFIRMATION OF REGULATORY INTERPRETATION\nMETAL FLASKS CONTAINING MERCURY.\nThe Defense Logistics Agency/Defense National\nmaterials\nStockpile Center (DNSC) maintains strategic and critical\nources oi supply durina national\nto reduce the nation's dependence on foreiar\ncommodities currently stored by DNSC is mercury (UN 2809).\none of the\nat four locations in the United States. Due to increasing\nDNSC has over 4,800 tons (net weight) of mercury stored\nmercury, DNSC is currently evaluating options including\npublic concerns over the use, disposal, and management of\nto facilitate management control of the stockpile.\nlong-term storage of mercury at one centralized location\nconsolidation site for long-term storage has not been\nThe\nselected.\nlocated in (1) Warren, OH; (2) Somerville, NJ; (3) Oak\nMercury is stored at four V. s. Government sites\nRidge, TN and (4) New\ncontained in wrought iron or steel flasks, with iron\nHaven, IN.\nAll mercury is currently\nscrew-plug closures (tare weight of each flask is\napproximately 9 pounds).\ndefinition of non-specification, reusable metal packagings\nThese flasks meet DOT's\nunder 49 CFR Part 173.164 (d) (2).\nand shape, but each flask contains approximately 76 pounds\nThe flasks vary in size\nof mercury. Flasks at Warren, OH; Somerville, NJ; and\nFederal Recycling Program\nPrinted on Recycled Paper\n\n<<<PAGE 3>>>\n\n2\nepoxy-lined steel drums (six flasks per drum), with the\nNew Haven, IN are contained in 30-gallon, removable-head,\nfollowing U. N. markings:\n1A2/Y1.5/200\n1A2/X235/S\n01 USA/SDCC\n• Inside each drum rest on cushioning material and are\nEach drum is lined with a heavy plastic bag. Flasks\nmarked and labeled per DOT regulations and secured to flat\nseparated by heavy cardboard partitions.\npallets (five drums per pallet), with catch pans (one per\nTennessee, are packaged in wooden box pallets\npallet) located under the drums.\nFlasks at Oak Ridge,\n(approximately 45 flasks per pallet).\nstored at each location.\nThe following table shows\nthe quantity of mercury\nMercury Stockpile Storage Locations\nNumber of\nLocation\nFlasks\nPounds\nTons\nWarren Depot\n16,355\n1,242,000\n621.00\nSomerville Depot\nOak Ridge (DOE\n75,880\n5,767,576\n2,883.74\nSite)\n20,276\n1,540, 976\n770.49\nNew Haven Depot\n16,151\n1,228,000\n614.00\nTotals\n128, 662\n9,778,552\n4,889.23\ncurrent sites to the consolidation site, if selected, by\nDNSC plans to ship the mercury directly from the\nalone and the lass witi not reured from ne riad\ncommercial trailer truck.\npallets/drums or box pallets during shipment.\nDNSC considers\noverpack.\nHowever, based on regulatory interpretations\neach drum and/or wooden box pallet an\nHazardous Materials Information Center, this would require\nmade by one of our contractors, and confirmed by the DOT\nthat every individual mercury flask be marked and labeled\nsuch Fiask ine de a rot pack as deserter abovo, outl\neach flask inside an\nSubparts D and E, respectively.\nnot even be visible.\nour contractor contacted the, DOI Hazardous Materials\n\n<<<PAGE 4>>>\n\n3\nInformation Center\nthere was any way to avoid having to mark and label each\nagain on July 31, 2002, and asked if\nindividual flasks.\nInformation Center consultant said no, but later the\nInitially the Hazardous Materials\nproblem with Delmer F. Billings, Chief of Standards\nconsultant called back and said he had discussed the\nDevelopment for DOT.\n(currently considered overpacks) could be considered the\nMr. Billings said the metal drums\nprimary containers for the mercury, since they meet DOT's\nunder 49 CFR Part 173.164 (d)\ndefinition of non-specification reusable metal packagings\ninterpretation, only the drums would have to be marked and\nUnder Mr. Billings'\nlabeled.\nRegulatory interpretation provided by Mr. Billings that\nDNSC requests that DOT confirm in writing the\naddition, for the reasons stated below, DNSC requests a\nthe drums can be considered the primary containers.\none-time\nfrom marking and labeling the individual flasks that are\nexemption less than 49 CFR Part 107 Subpart B\noverpacked in the box pallets. If DOT is unable to\nBillings, DNSC requests that the one-time exemption also\nconfirm the regulatory interpretation provided by Mr.\nbe applied to the flasks packed in the drums.\nAs stated above, mercury flasks will be shipped\nconsolidation site for long-term storage and not removed\ndirectlý from the current storage sites to the\nshipment.\nfrom the flat pallets/drums or box pallets during\nloaded and unloaded by DNSC, or its contractors, and will\nThe flat pallets/drums and box pallets will be\nbe under control of the commercial carrier during\nand labels on drums and box pallets, and placards on truck\nIn addition, shipping papers, markings\nidentify material being shipped as mercury, if an accident\ntrailers will allow emergency responders to readily\nnot marking and labeling individual flasks would have\noccurs.\nDNSC is not aware of any shipping incidents where\nincreased risk to property or public health and safety.\nTherefore, DNSC believes granting this exemption will not\nBeliever aran int\nincrease\nrisk to property, the environment or the health\nand safety of the public during transportation.\n\n<<<PAGE 5>>>\n\n4\nmatter.\nThank you in advance for your attention to this\n(703)\n767-6522.\nIf you have any questions, please\ncall me at\nSincerely,\nDirectorate of Environmental\nManagement","truncated":false,"body_characters":7668}