Kajuligan Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 FEE3 2 6 2C?3 Mr. Clifford E. Croft Director, Regu.latory Compliance Kajuligan Corporation 3 16 Crescent Place Geneva, IL 60134 Reference No. 08-0002 Dear Mr. Croft: This responds to your letter, postmarked December 14,2007, concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-1 80) applicable to small quantity shipments. Specifically, you ask about requirements applicable to packages prepared in accordance with 173.4 and overpacked in a fiberboard box. Your questions are paraphrased and answered as follows: Q1. If packages conforming to the requirements in § 173.4 are overpacked in a fiberboard box, must the overpack successfully pass the package testing requirements specified in fj 173.4(a)(6)? Al. No. The package testing requirements apply to the packaging configurations specified in $ 173.4. 42. If packages conforming to the requirements in 173.4 are overpacked in a fiberboard box, must the overpack be marked "This package conforms to 49 CFR 173.4"? If not, must the overpack be marked "OVERPACK? A2. The marking specified in 173.4 is the shipper's statement certifying that a package conforms to the requirements set forth in that section. No certification mark is required for the overpack. Further, packages prepared in accordance with § 173.4 are excepted from all other HMR requirements. Thus, the marking requirements in $ 173.25 applicable to overpacks do not apply to overpacks containing packages prepared in accordance with 173.4.#

Page 243. May the overpack exceed the 29 kg gross weight limit specified in 5 173.4(a)(8)? A3. Yes. The weight limitation applies to individual packages prepared in accordance with fj 173.4. I hope this satisfies you request. Sincerely, Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3& Kajuligan Corporation 31 6 CRESCENT PLACE, GENEVA, IL 601 34 Mr. Edward T. Mazzullo PHMSA Attn: PHC-10 400 Seventh Street, SW Washington, DC 20590-000 1 Dear Mr. Mazzullo, I am requesting clarification on an issue of overpacking hazardous materials prepared under the small quantities exception 9173.4. It is my understanding that by meeting the criteria of s173.4 I am not subject to any other requirements of this subchapter. Q 1. If a company tests packages of small quantities as required under §173.4(i) and then overpacks these packages into a larger fiberboard box, does the overpack need to be marked "This Package Conforms to 49CFR 173.4"? 42. If the overpack needs marked in accordance with s173.4, does it also need marked "Overpack"? Q3. If the overpack needs marked in accordance with s173.4, does the overpack also need the package test required under §173.4(i)? Q4. If the package does not need marked as "Overpack", can the overpack exceed the 64 pound gross weight limit? Thank you for your assistance. Sincerely, Clifford E. Croft Director of Regulatory Compliance Kajuligan Corp. Phone: 630-2 15-4509 Phone: 913-522-1036 Fax: 630-845-9936 Fax: 91 3-339-9779#