# Elemental Container, Inc. — Hazardous Materials Safety Interpretation

- **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:** Not available
- **summary:** 03-0067 response to Elemental Container, Inc. concerning 173.27.
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- **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:**

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of Transportation
U.S. Department
400 Seventh St., S.W.
Research and
Washington, D.C. 20590
pecial Program:
Administratior
MAR 26 2004
Mr. Benoit Ramet
Elemental Container, Inc.
Reference No.: 03-0067
860 Springfield Road South
Union, New Jersey 07083
Dear Mr. Ramet:
This is in response to your February 26, 2003 letter requesting clarification of the requirements in
§ 173.27(e) in the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180) and the exception
in that section which states:
"Absorbent material is not required if the inner packagings are so protected that
breakage of them and leakage of their contents from the outer packaging is not likely to
occur during normal conditions of transportation."
In general terms, absorbent materials are not required when a material specified in the first sentence of
§ 173.27(e) is offered for transportation in a UN standard package which meets the applicable
performance tests in the HMR. One exception would be if absorbent material is specifically required
by the packaging instructions applicable to the hazardous material contained in the packaging. See for
example, the ICAO Technical Instructions, Packing Instruction 304, particular packing requirements 6
and 13 which require the use of absorbent material without exception. A second exception is where
the actual "normal conditions of transport" which the package may experience are not adequately
addressed by the performance tests associated with a particular UN standard. As stated in 49 CFR
packaging must be manufactured and assembled so as to be capable of successfully passing the
178.601(a), the performance test procedures "are considered minimum requirements" and "each
prescribed tests and of conforming to the requirements of § 173.24... at all times while in
transportation." If packages experience particularly harsh treatment in a distribution system which may
result in breakage or leakage, even though the packages have passed UN performance tests, absorbent
material may be necessary to ensure that the effectiveness of the packaging is not substantially reduced
and there is no release of the hazardous material from the outer packaging.
On July 31, 2003, we published a final rulemaking under Docket HM-215E (68 FR 45032). In the
final rule, we revised § 173.27(e) to require packagings with plastic and metal inner packagings to be
packed using absorbent material when Packing Group I or I liquids of Class 3, 4, or 8 or Division 5.1,
5.2 or 6.1 are offered for transportation by passenger or cargo aircraft.
030067
27
113.

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Currently, the requirement to use absorbent material applies to Packing Group I and Il materials when
will be addressed in a future rulemaking.
offered for transportation by passenger aircraft. Further clarification on the use of absorbent material
I hope this satisfies your request.
Sincerely,
Directo, Office of Hazardous Materials
Standards

<<<PAGE 3>>>

CONTAINER!
ELEMENTAL
Belts
ALUMINUM PACKAGING
§173.27 (e)
Packaging
February 26, 2003
Ed Mazzullo
03-0067
OFFICE OF HAZARDOUS MATERIALS STANDARDS
DHM-10
OFFICE OF HAZARDOUS MATERIALS SAFETY
WASHINGTON, DC 20590
Subject: Request For interpretation
Dear Mr Mazzulto,
In the ICAO regulation section 1.1.10.1 a), b). We can read that absorbents are now
an obligation for liquids of Group I and Il shipped on passenger and cargo aircraft.
The 2003 lATA regulation follows the ICAO in section 5.0.2.12.2 Absorbent Material
and the corresponding Table 5.0,B the 2002 provision have been expanded to
include plastic and metal inner packagings. Table 5.0.2B Packing group Il liquids that
are offered using cargo aircraft only regulation in combination packaging are now
required to have sufficient absorbent to absorb the contents of the inner packaging
with the greatest amount of liquid. In the 43 edition no absorbent was required.
In the section 5.0.2.12.2 of the IATA and 1.1.10.2 of the ICAO after telling that you
have to use absorbent they add: "Absorbent material is not required if the inner
packagings are so protected that breakage of them and leakage of their contents
< from the outer packaging will not occur during normal conditions of transportation".
¿Is it a judgment call for every shipper to decide what "so protected" means to him or
ther and choose to use or not absorbent and means to contain a leak?
My understandings of the purpose of passing the UN tests and have a packaging UN
certified was to assure that the inners packagings will not break and leak during
normal conditions of transportation.
in the 49CFR section 173.27 General requirements for transportation by aircraft (e)
reason for not mentioning plastic and metal. Should I follow the ICAO or the 49CFR?
Absorbents they only refer to glass and earthenware inner packagings, is there a
But still they have the sentence "Absorbent material is not required if the inner
packagings are so protected that breakage of them and leakage of their contents
from the outer packaging will not occur during normal conditions of transportation"
My company develops and sells combination packaging made of a 4G and seamless
aluminum cylinders as an inner packaging. My customers ask me what I intend to do
to comply with the new regulation. My. question is: do.J have to redesign all my
cartons and add absorbents and means of containing a leak? Or can I say that we
Telephone 908.687.7720 - Outside NJ 1.800.577.7624 - Fax 908.687.5157 • www.AluminumBottles.com
Elemental Container, Inc. 860 Springfield Road South • Union, New Jersey 07083 • USA

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consider that the packagings are so protected that breakage of them and leakage will
not occur during normal transportation?
I look forward to hear from you,
Sincerely,
Benoit Ramet
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