{"operation":"document","citation":"03-0067","title":"Elemental Container, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-03-26","effective_on":null,"summary":"03-0067 response to Elemental Container, Inc. concerning 173.27.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0067.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0067.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0067","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030067.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\npecial Program:\nAdministratior\nMAR 26 2004\nMr. Benoit Ramet\nElemental Container, Inc.\nReference No.: 03-0067\n860 Springfield Road South\nUnion, New Jersey 07083\nDear Mr. Ramet:\nThis is in response to your February 26, 2003 letter requesting clarification of the requirements in\n§ 173.27(e) in the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180) and the exception\nin that section which states:\n\"Absorbent material is not required if the inner packagings are so protected that\nbreakage of them and leakage of their contents from the outer packaging is not likely to\noccur during normal conditions of transportation.\"\nIn general terms, absorbent materials are not required when a material specified in the first sentence of\n§ 173.27(e) is offered for transportation in a UN standard package which meets the applicable\nperformance tests in the HMR. One exception would be if absorbent material is specifically required\nby the packaging instructions applicable to the hazardous material contained in the packaging. See for\nexample, the ICAO Technical Instructions, Packing Instruction 304, particular packing requirements 6\nand 13 which require the use of absorbent material without exception. A second exception is where\nthe actual \"normal conditions of transport\" which the package may experience are not adequately\naddressed by the performance tests associated with a particular UN standard. As stated in 49 CFR\npackaging must be manufactured and assembled so as to be capable of successfully passing the\n178.601(a), the performance test procedures \"are considered minimum requirements\" and \"each\nprescribed tests and of conforming to the requirements of § 173.24... at all times while in\ntransportation.\" If packages experience particularly harsh treatment in a distribution system which may\nresult in breakage or leakage, even though the packages have passed UN performance tests, absorbent\nmaterial may be necessary to ensure that the effectiveness of the packaging is not substantially reduced\nand there is no release of the hazardous material from the outer packaging.\nOn July 31, 2003, we published a final rulemaking under Docket HM-215E (68 FR 45032). In the\nfinal rule, we revised § 173.27(e) to require packagings with plastic and metal inner packagings to be\npacked using absorbent material when Packing Group I or I liquids of Class 3, 4, or 8 or Division 5.1,\n5.2 or 6.1 are offered for transportation by passenger or cargo aircraft.\n030067\n27\n113.\n\n<<<PAGE 2>>>\n\nCurrently, the requirement to use absorbent material applies to Packing Group I and Il materials when\nwill be addressed in a future rulemaking.\noffered for transportation by passenger aircraft. Further clarification on the use of absorbent material\nI hope this satisfies your request.\nSincerely,\nDirecto, Office of Hazardous Materials\nStandards\n\n<<<PAGE 3>>>\n\nCONTAINER!\nELEMENTAL\nBelts\nALUMINUM PACKAGING\n§173.27 (e)\nPackaging\nFebruary 26, 2003\nEd Mazzullo\n03-0067\nOFFICE OF HAZARDOUS MATERIALS STANDARDS\nDHM-10\nOFFICE OF HAZARDOUS MATERIALS SAFETY\nWASHINGTON, DC 20590\nSubject: Request For interpretation\nDear Mr Mazzulto,\nIn the ICAO regulation section 1.1.10.1 a), b). We can read that absorbents are now\nan obligation for liquids of Group I and Il shipped on passenger and cargo aircraft.\nThe 2003 lATA regulation follows the ICAO in section 5.0.2.12.2 Absorbent Material\nand the corresponding Table 5.0,B the 2002 provision have been expanded to\ninclude plastic and metal inner packagings. Table 5.0.2B Packing group Il liquids that\nare offered using cargo aircraft only regulation in combination packaging are now\nrequired to have sufficient absorbent to absorb the contents of the inner packaging\nwith the greatest amount of liquid. In the 43 edition no absorbent was required.\nIn the section 5.0.2.12.2 of the IATA and 1.1.10.2 of the ICAO after telling that you\nhave to use absorbent they add: \"Absorbent material is not required if the inner\npackagings are so protected that breakage of them and leakage of their contents\n< from the outer packaging will not occur during normal conditions of transportation\".\n¿Is it a judgment call for every shipper to decide what \"so protected\" means to him or\nther and choose to use or not absorbent and means to contain a leak?\nMy understandings of the purpose of passing the UN tests and have a packaging UN\ncertified was to assure that the inners packagings will not break and leak during\nnormal conditions of transportation.\nin the 49CFR section 173.27 General requirements for transportation by aircraft (e)\nreason for not mentioning plastic and metal. Should I follow the ICAO or the 49CFR?\nAbsorbents they only refer to glass and earthenware inner packagings, is there a\nBut still they have the sentence \"Absorbent material is not required if the inner\npackagings are so protected that breakage of them and leakage of their contents\nfrom the outer packaging will not occur during normal conditions of transportation\"\nMy company develops and sells combination packaging made of a 4G and seamless\naluminum cylinders as an inner packaging. My customers ask me what I intend to do\nto comply with the new regulation. My. question is: do.J have to redesign all my\ncartons and add absorbents and means of containing a leak? Or can I say that we\nTelephone 908.687.7720 - Outside NJ 1.800.577.7624 - Fax 908.687.5157 • www.AluminumBottles.com\nElemental Container, Inc. 860 Springfield Road South • Union, New Jersey 07083 • USA\n\n<<<PAGE 4>>>\n\nconsider that the packagings are so protected that breakage of them and leakage will\nnot occur during normal transportation?\nI look forward to hear from you,\nSincerely,\nBenoit Ramet","truncated":false,"body_characters":5760}