{"operation":"document","citation":"08-0223","title":"High Q LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-02-19","effective_on":null,"summary":"08-0223 response to High Q LLC concerning 171.8, 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0223.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0223.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0223","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080223.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nFEB 1 9 2009\nMr. Scott Bischoff\nHigh Q LLC\n314 Fort Cherry Road\nMcDonald, PA 15057\nRef. No. 08-0223\nDear Mr. Bischoff:\nThis is in response to your letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) regarding the testing of packagings containing\nhazardous materials that will be transported in accordance with the small quantity exceptions\nunder 5 173.4. Specifically, you ask whether any size container may be used for small\nquantities of hazardous materials provided the maximum allowable quantity (1 oz) of\nhazardous material is not exceeded. You also ask whether the testing of the packages must be\nperformed with the maximum allowed quantity of material, 30g (1 oz.) for solids and 30mL\n(1 oz.) for liquids, or whether the packaging must be filled to 95 percent capacity for solids\nand 98 percent capacity for liquids.\nFor packagings used to transport hazardous materials in accordance with the small quantity\nexceptions, you are correct that any size container may be used provided the hazardous\nmaterial in each inner receptacle does not exceed one oz. Cushioning and absorbent material\nthat is capable of absorbing the entire contents of the package and that will not react\nchemically with the hazardous material must surround either each inner packaging or the\ninside of the outer packaging. The inner packagings must not be liquid full at 55 \"C (131 OF)\nand must have removable closures held securely in place with wire, tape, or other positive\nmeans.\nWith respect to the drop and compression load tests, except for bags containing solids, either\nquantity of material may be used. Section 178.602(b) specifies that for the drop and stacking\ntests, inner and single-unit receptacles other than bags must be filled to not less than 95% of\nmaximum capacity (see 5171.8 of this subchapter) in the case of solids and not less than 98%\nof maximum in the case of liquids. Bags containing solids must be filled to the maximum\nmass at which they may be used. The exception in 5 173.4 for small quantities requires the\n\n<<<PAGE 2>>>\n\ncompleted package, as demonstrated by prototype testing, to be capable of sustaining drop\nand compressive load tests. The performance standard is a capability standard which must be\ndemonstrated by prototype testing as required by 5 178.4(a)(6).\nI hope this information is helpful. Please contact this office if you have additional questions.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nLLC\n3 14 Fort Cherry Road\nMcDonald, PA 15057\n724-749-47 10\nAugust 20,2008\nUS Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd floor\n1200 New Jersey Ave., SE\nWashington, DC 20590\nDear Sirs:\nI am writing to request a formal interpretation of Section 173.4 of the 49 CFR regarding\nthe small quantity exception. The regulations appear to be written to allow for the use of\nany size container as long as the maximum quantity of material is not exceeded.\nIf this is correct then my question is how should the container be filled for testing\npurposes? Should the testing be performed with the maximum quantity of material that\ncan be shipped (30ml for liquids or 30g for solids) or does the container need to be filled\nto 98% capacity for liquids or 95% capacity for solids?\nFor example, if the package is intended for liquids and consists of a fiberboard box\ncontaining a HDPE bottle with a maximum fill capacity of 1 liter, would the testing be\ndone with 30ml of liquid inside the bottle or would it need to be filled with 0.98 liters?\nThank You,\nScott Bischoff\nHighQ llc.\nEmail: scott@hiqhqllc.com\nCell: (41 2) 874-9504","truncated":false,"body_characters":3868}