# Laboratory Corporation of American — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 03-0110
- **title:** Laboratory Corporation of American — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2003-06-04
- **effective on:** Not available
- **summary:** 03-0110 response to Laboratory Corporation of American concerning 173.154.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-03-0110.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-03-0110.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-03-0110
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030110.pdf
**body:**

<<<PAGE 1>>>

U.S. Department
of Transportation
400 Seventh St., S.W
Washington, D.G. 20590
Research and
Special Programs
JUN
4 2003
Administration
•
Mr. Donald E. Horton, Jr.
Assistant General Counsel
Reference No.: 03-0110
and Director of Corporate Safety
Laboratory Corporation of American
430 South Spring Street
Burlington, NC 27215
Dear Mr. Horton:
This responds to your letter requesting clarification of the limited quantity provisions under the
Hazardous Materials Regulations (HMR; 49 CFR 171-180). Specifically, you ask if the term
"net capacity" refers to the volumetric capacity of a container or to the net amount of hazardous
material in a container. You enclosed a recent letter of interpretation (Reference No. 02-0301)
Information Center.
that appears to contradict information you received from a specialist in the Hazardous Materials
The information you received from the Hazardous Materials Information Center is correct.
Section 173.154(b)(1) authorizes the use of inner packagings not over 1.0 L (0.3 gallon) net
capacity each for liquids. Therefore, "net capacity" refers to the volumetric capacity of the
packaging, not the net amount of hazardous material present in the packaging. Out response Al
in the above referenced clarification letter has been revised.
I hope this satisfies your inquiry.
Sincerely,
Hitter mithee
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
Enclosure
173.154
030110

<<<PAGE 2>>>

Enclosure.
S. Departmer
JUN - 4 2003
Transportatic
400 Seventh St., S.W.
Washington, D.C. 20590
Ms. Penny L. Guido
P. O. Box 14715
YUASA Battery, Inc.
Reference No.: 02-0301
Reading, PA19612-4715
Attn: Mr. Joe Majesky
Dear Ms. Guido:
This letter replaces our January 22, 2003 response concerning the limited quantity exception in
§ 173.154 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state
that you manufacture dry batteries that are shipped with a separate acid pack which is a
polyethylene bottle with a volume of 32 ounces or less. One dry battery and an acid pack are
offered for domestic and international transportation. In a subsequent telephone conversation
packaged in a UN certified packaging, marked "Battery fluid, acid, UN2796." The product is
with a member of my statf, you clarified that each acid pack contains less than 0.4 L of acid. Our
response to question 1 is revised for clarity.
Your questions are paraphrased and answered as follows:
Q1. May our product be offered as a limited quantity under the provisions in § 173.154(b)?
Al. The answer is yes. The § 172.101 Hazardous Materials Table authorizes Battery fluid, acid,
UN2796 to be packaged in accordance with § 173.154. The limited quantity provisions for
Class 8, PG II materials in § 173.154(b)(1) authorize the use of an inner packaging not over 1 I
(0.3 gal.) net capacity for liquids.
Q2. How are "limited quantities" described on a shipping paper and what are the marking
requirements for "limited quantity" packages?
A2. The description for a material offered for transportation as a "limited quantity" must include
the words "Limited Quantity" or "Ltd Qty" following the basic description, see § 172.203(b).
Packages must be marked with the proper shipping name for the material as shown in the
Hazardous Materials Table, see § 172.301(a). The identification number is not required on
packages that contain only limited quantities. Under § 172.312, package orientation markings
are required on two opposite vertical sides of a non-bulk package containing liquid hazardous
materials except when the inner packagings are hermetically sealed.

<<<PAGE 3>>>

Q3. May the limited quantity exception be used in international commerce?
A3. Limited quantities may be offered for international transportation by air and by vessel.
Internationai air transportation is subject to the International Civil Aviation Organization's
Technical Instructions for the Safe Transport of Dangerous Goods by Air. See Part 3, Chapter 4,
for acceptable dangerous goods (hazardous materials), specific packaging requirements, and
are found in the International Maritime Dangerous Goods Code, Volume 2, Chapter 3.4.
quantity limitations. The applicable regulations for limited quantities being transported by vessel
I hope this information is helpful.
Sincerely,
Helle z. Michell
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

<<<PAGE 4>>>

Corbin
§,173.154
Limited Quantities
<LabCorp
Laboratory Corporation of America
Laboratory Corporation o
orporation America Hodings
430 South Spring Street
April 24, 2003
Burlington, North Carolina 27215 03-D|/0
Telephone: 336-584-5171
Mr. Edward T. Mazzullo
Director, Office of Hazardous Materials Standards (DHM-10)
Research and Special Programs Administration ("RSPA")
400 7" Street, SW
U.S. Department of Transportation
Washington, DC 20590-0001
Re: Corrosive liquids, Class 8, Limited Quantities Exception
Dear Mr. Mazzullo:
Laboratory Corporation of America Holdings ("LabCorp") ships by ground, from a central
containing only 30 ml of 6.0 N hydrochloric acid ("HCI"). The HCl in the container has a
warehouse to its field operations, 3.0 L volumetric capacity urine collection containers, each
Packing Group II classification, according to the manufacturer. The containers are shipped in
cases containing twenty-four (24) individual containers, Over the past six (6) months, LabCorp
materials with no exceptions, pursuant to the Hazardous Materials Regulations ("HMR", 49 CFR
has shipped 1,886 cases of these containers. The containers are currently shipped as hazardous
Parts 171-180).
It would be beneficial for Lab Corp to ship these containers under the limited quantities exception
tound in 49 CFR § 173.154 (b) (1), which permits ground shipments of corrosive materials in
Packing Group II in inner packagings not over 1.0 L "net capacity" for liquids. However, since
DOT has issued conflicting information when discussing "net capacity", which is not defined in
exception pending clarification of the term.
49 CFR § 171.8, we have, to date, taken the more conservative approach of not utilizing the
capacity" of a container includes the air space of the container and should not be confused with
According to the DOT Hazardous Materials Information Center ("HMIC'"), the term "net
the actual volume of the hazardous material that is present inside the container. In other words,
"net capacity" refers to the volumetric capacity of the container and not the net amount of
hazardous material that is actually present inside the container.
However, a search for letters of interpretation issued by RSPA produced a letter dated January
22, 2003 from Hattie L. Mitchell of your office (Enclosure 1). This letter, in discussing the
limited quantities exception in 49 CFR § 173.154 (b) (1), appears to indicate that it is the
as a limited quantity.
quantity of hazardous material in the container that determines whether or not it may be shipped

<<<PAGE 5>>>

Mr. Edward T. Mazzullo
Page 2
April 24, 2003
If the HMIC interpretation of "net capacity" is correct, it appears that our containers cannot be
exceeds 1.0 L. However, if the January 22 interpretation letter is correct, it appears that ou
shipped under the limited quantities exception because the volumetric capacity of each container
containers can be shipped under the limited quantities exception, since each container only
contains 30 ml of hazardous material.
In summary, for the purpose of determining whether the containers described in this letter may
like a written interpretation from RSPA regarding the definition of "net capacity" as used in that
be shipped under the limited quantities exception of 49 CFR § 173.154 (b) (1), LabCorp would
section. Does the term mean:
amount of hazardous material contained therein; or
a) The volumetric, total capacity of the container, including air space, independent of the
b) The quantity of hazardous material actually present in the container?
information, please do not hesitate to contact me at (336) 436-5040.
Thank you for your assistance, and I look forward to hearing from you. If you need any further
Very truly yours,
LABORATORY CORPORATION OF AMERICA HOLDINGS,
Assistant General Counsel
Donald E. Horton, Jr.
and Director of Corporate Safety
0403rspa.001
Enclosure
CC:
Dave King
Jacob Naeyaert
........................

<<<PAGE 6>>>

Page 1 of 2
Jan 22, 2003
1/22/2003 - 173.154
Reference No.: 02-03 01
Ms. Penny L. Guido
P.O. Box 14715
YUASA Battery, Inc.
Reading, PA19612-4715
Dear Ms. Guido:
This is in response to your letter requesting clarification of the limited quantity exception under
the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that you
bottle with a volume of 32 ounces or less. One dry battery and an acid pack, are packaged in a
manufacture dry batteries that are shipped with a separate acid pack which is a polyethylene
domestic and international transportation. In a subsequent telephone conversation with a
UN certified packaging, marked "Battery fluid, acid, UN2796." The product is offered for
member of my staff, you clarified that each acid pack contains less than 0.4 L of acid.
Your questions are paraphrased and answered as follows:
Q1. May our product be offered as a limited quantity under the provisions in § 173.154(b)?
(b)(1) authorize a maximum of 1 L (0.3 gal.) in each inner packaging.
Al. The answer is yes. The limited quantity provisions for Class 8, PG II materials in §. 173.154
requirements for "limited quantity" packages?
Q2. How are "limited quantities" described on a shipping paper and what are the marking
A2. The description for a material offered for transportation as a "limited quantity" must include
Packages must be marked with the proper shipping name for the material as shown in the
the words "Limited Quantity" or "Ltd Qty" following the basic description, see' § 172.203(b).
Hazardous Materials Table, see § 172.301(a). The identification number is not required on
are required on two opposite vertical sides of a non-bulk package containing liquid hazardous
packages that contain only limited quantities. Under § 172.312, package orientation markings
materials except when the inner packagings are hermetically sealed.
Q3. May the limited quantity exception be used in international commerce?
A3. Limited quantities may be offered for international transportation by air and by vessel.
Internationa. air transportation is subject to the International Civil Aviation Organization's
for acceptable dangerous goods (hazardous materials), specific packaging requirements, and
Technical Instructions for the Safe Transport of Dangerous Goods by Air. See Part 3, Chapter 4,
quantity limitations. The applicable regulations for limited quantities being transported by vessel
are found in the International Maritime Dangerous Goods Code, Volume 2, Chapter 3.4.
I hope this information is helpful.
Sincerely,
http://www.myregs.com/dotrspa/goto.asp?ref=IDOT_020301&print=yes
4/22/2003

<<<PAGE 7>>>

Page 2 of 2
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.154
© 2002 Labelmaster Software, American Labelmark Company. All rights reserved.
http://www.myregs.com/dotrspa/goto.asp?ref-IDOT 020301&print=yes
4/22/2003
- **truncated:** false
- **body characters:** 11348