{"operation":"document","citation":"08-0221","title":"URS Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-09-29","effective_on":null,"summary":"08-0221 response to URS Corporation concerning 173.25, 173.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0221.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0221.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0221","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080221.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nSEP 2 g 2008\nMs. Erin N. Jarman\nEnvironmental Scientist\nURS Corporation\n1600 Perimeter Park Drive\nMorrisville, NC 27560\nRef. No. 08-0221\nDear Ms. Jarman:\nThis responds to your September 2,2008 letter requesting clarification of the overpack\nrequirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180).\nYour questions are paraphrased and answered below.\nQ1. Does the strong non-bulk outer packaging required by 5 173.301(a)(9) for specification\n2P, 2Q,3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 39 cylinders constitute an overpack?\nA. No. In this case, the specification cylinder is the inner packaging of a combination\npackage. As specified in 5 173.301(a)(9), the strong outer package must be marked with an\nindication that inner packages conform to the prescribed specifications. A shipper may not\nuse the OVERPACK marking prescribed in 5 173.25 to satisfy this requirement because this\nconfiguration does not constitute an overpack.\n42. Does a box or crate used to protect cylinder valves in accordance with 5 173.301(h)\nconstitute an overpack? Is this package subject to the requirements of 5 173.25 including the\nrequirement to mark the word OVERPACK on the box or crate?\nA2. Yes. An overpack means an enclosure that is used by a single consignor to provide\nprotection or convenience in handling of a package or to consolidate two or more packages.\nIn this case, the specification cylinder constitutes a single package and the box or crate\nprovides additional protection. The box or crate must comply with $ 173.25 including the\n\n<<<PAGE 2>>>\n\nrequirement to mark the word OVERPACK on the protective outer packaging when\nspecification packages are used.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\n,cZL-- 8fik\nSusan Gorsky\nActing chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nSeptember 2, 2008\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOTPHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mazzullo:\nI am writing to you with regards to a clarification of the requirements for UN specification cylinders\nthat are packed in fiberboard boxes or crates for shipping. There is some confusion in the regulated\ncommunity regarding whether or not these boxes or crates would be considered overpacks, and\nwould therefore be subject to the overpack provisions found in 49 CFR $173.25 with regard to\nmarking etc. We would appreciate a formal written interpretation to clarify the following sections:\n1) Per the requirements of $173.301(a)(9), would the box used to ship the specifically listed\ncylinders be considered an overpack? If so, should the statement \"inner packagings conform to the\nprescribed specifications\" be changed to \"Overpack\"?\n2) Per the requirements of $173.30 1 (h)(2)(ii), cylinders manufactured before October 1,2007, must\nhave the valves protected against damage during transportation. Is the box or crate used to protect\nthe valves considered and overpack? If so, would the box be required to be marked with the word\n\"Overpack\" and be subject to all of the provisions of $173.25?\n3) Per the requirements of $173.301(h)(3)(ii), cylinders manufactured on or after October 1,2007\nmust have a valve assembly of sufficient strength or protected such that no leakage occurs when the\ncylinder is dropped from a height of 6 feet or more on a non-yielding surface such as concrete or\nsteel. One method to achieve this is through the use of a box, crate, or other strong outside\npackaging which conforms to $173.25. If the box, crate, or other strong outside packaging must\nconform to $1 73.25, does this mean that the outside packaging is an overpack and thus required to\nbe marked with the word \"Overpack\"?\nThank you in advance for your assistance. I look forward to your response.\nSincerely,\nErin N. Jarman\nEnvironmental Scientist\nURS Corporation\n1600 Perimeter Park Drive\nMorrisville, NC 27560\nTel: 919-461-1478\nFax: 919-461-1371\nErin-Jarman@urscorp.com","truncated":false,"body_characters":4217}