{"operation":"document","citation":"07-0221","title":"R+L Carriers Shared Services, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-14","effective_on":null,"summary":"07-0221 response to R+L Carriers Shared Services, LLC concerning 171.8, 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0221.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0221.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0221","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070221.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAR 1 4. 2239\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMs. Tina S. Breezley\nHazardous Materials & Training Manager\nR&L Carriers Shared Services, LLC\nP.O. Box 271\nWilmington, OH 45 177\nReference No. 07-022 1\nDear Ms. Breezley:\nThis is in response to your recent e-mail and telephone conversations with members of my\nstaff asking how to properly describe the type of package for a hazardous material on a\nshipping paper under 172.202(a)(6) of the Hazardous Materials Regulations (49 CFR Parts\n171-1 80). You state your company transports \"UN 1263, Paint, 3 (flammable liquid), PG 111\"\nby motor vehicle for different shippers throughout the United States in non-specification\nfiberboard boxes that contain four inner non-specification plastic pails. You state these\npackages comply with the HMR but vary in design and are made by different manufacturers.\nYou also state in the past this agency instructed you to describe the type of package as \"pails\"\ninstead of \"boxes.\"\nWhat constitutes a package under the HMR depends on the particular packaging provision\nthat is being used. Based on the information you provided, the package is a combination\npackage, consisting of a strong outer packaging with one or more inner packagings as\nprovided by § 173.150. The outer and inner packagings, used together, meet the minimum\nprescribed HMR requirements. In this case, the package must be described by its outer\npackaging as \"box\" or \"boxes.\" See the definitions of \"combination packaging,\" \"package or\noutside package,\" and \"single packaging\" in 17 1.8.\nWe apologize for any misinformation you may have received earlier from our agency\nregarding this matter and any inconvenience. Also please note that we revised\n§ 172.202(a)(6) and relocated it to 172.202(a)(7) effective January 1, 2007. In addition, we\npermitted delayed compliance with former 172.202(a)(6) until January 1,2008. See Docket\nNO. PHMSA-06-25476 (HM-2151,71 FR 78596, 12/29/06).\nI hope this satisfies your request. Please contact this office if you have further questions.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nPage 1 of I\nI Drakeford, Carolyn cPHMSA>\n,. . ~ . ., .. .\nFrom: INFOCNTR <PHMSA>\nSent: Tuesday, November 20,2007 9:52 AM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW: 49CFR 172.202(6) package types listed on a bill of lading 1 Manifest\nFrom: Tina Breezley [maiIto:tbreezley@rlcarriers.com]\nSent: Tuesday, November 20, 2007 9:27 AM\nTo: INFOCNTR <PHMSA>\nCc: Gerry Krisa; carlisle.smith@puc.stager.oh.us; Tina Breezley\nSubject: 49CFR 172.202(6) package types listed on a bill of lading / Manifest\nI would like a letter of interpretation for 172.202(6), regarding the package type being listed on the bill of lading or\nmanifest.\nPresently if we have a shipper that is shipping a box of hazardous material that contains four pails, they would list\n1 box UN1263, Paint, 3, PGIII. After several phone calls to PHMSA regarding the package type, I was instructed\nthat the package type should be pails.\nI had asked PHMSA if we could write it up as follows: 1 box UN1263, Paint, 3, PGll and on the next line write\ncontains 4 pails, I was told that the package type listed had to be what the hazardous material was contained in,\nand the box is considered an overpack.\nI look forward to your response and clarification of this matter.\nYours truly,\nTina S. Breezley\nR+L Carriers Shared Services, LLC\nHazardous Material & Training Manager\n800-543-5589 ext 1545","truncated":false,"body_characters":3602}