Georgia Department of Motor Vehicle Safety — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and lazardous Materials Safet Idministration APR 26 2005 Capt. Bruce Bugg Ref No.: 05-0089 Sacial Procee ordinator Georgia Department of Motor Vehicle Safety P.O. Box 80447 Conyers, GA 30013 Dear Capt. Bugg, This is in response to your letter dated April 13, 2005, requesting clarification of §§ 173.25, 173.63, and 177.835 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-185), as applicable to containers conforming to the Institute of Makers of if an IME Standard 22 container that is not permanently attached to a motor vehicle may Explosives' Safety Library Publication No. 22 (IME Standard 22). Specifically, you ask be used as an overpack or outer packaging and, if so, must it be marked and labeled. An overpack, as provided by § 171.8, is an enclosure that is used by a single consignor to provide protection or convenience in handling a package or to consolidate two or more packages. An IME Standard 22 container that is not permanently attached to a motor vehicle may meet the definition of an overpack in § 171.8, provided it fulfills the requirements in § 173.25. An outer packaging, as provided by § 171.8, is the outermost enclosure of a composite or combination packaging, together with any absorbent materials, cushioning, and any other components necessary to contain and protect inner receptacles or inner packagings. Sections 173.63(f) and 177.835(g) authorize IME Standard containers or compartments as the outer packaging of a cornbination packaging. Therefore, provided it conforms with 173.63(f), an IME Standard 22 container that is not permanently attached to a rnoto ehicle may serve as the outer packaging of a completed combination packag outer packaging, it must be marked and labeled in accordance with Part 172, Subparts D In both instances, whether the IME Standard 22 container is used as an overpack or as an and E, respectively. I hope this information is helpful. Please contact us if you require additional assistance. Sincerel John A. Gale Chief, Standards Development ie of Hazardous Materials Standards 173.63 177.835 050089#

Page 2арка INFOCNTR <PHMSA> 9 M3 25 From: Sent: Bruce Bugg [obbugg@dmvs.ga.gov] $ 173.63 CC: To: INFOCNTR <PHMSA> Wednesday, April 13, 2005 3:14 PM §177.835 Subject: Gary Bingham Request for Written Clarification rackaginas 05-0089 This e-mail requests a written 177.835 as it relates to $173.25 and the IME Standard 22 Container. clarification of the requirements of 49 CFR §$ 173.63 and Background: Most IME Standard 22 containers we encounter are generally made as a vehicle component (permanently attached), and therefore are a cargo compartment in most cases. smaller IME 22 containers are not permanently attached to a motor vehicle. If a container meeting IME 22 is not permanently attached to a motor vehicle, does it labeling under the provisions of $173.25? "Overpack" within the meaning of $171.8 and therefore require marking and And as outer a containe meet in 22 0s ot 363 data dame vehicle d labeling as a non-bulk packaging under the provisions of $172.301 and $172.400? does it also require marking ano АЛЛААЛАЛАЛАЛАЛАЛАЛАЛ AAAAAAAAAN Capt. Bruce Bugg Special Projects Coordinator Georgia Department of Motor Vehicle Safety Law Enforcement Division Conyers, P.O. Box 80447 Phone: 678.413.8325 GA 30013-8047 e-mail: obbugg@dmvs.ga.gov Fax: 678.413.8832 Brecht (Author, poet, dramatist, 1898-1956) "Because things are the way they are, things will not stay the way they are." -- Bertolt#