{"operation":"document","citation":"08-0270","title":"URS Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-11-07","effective_on":null,"summary":"08-0270 response to URS Corporation concerning 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0270.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0270.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0270","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080270.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Ave., SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n- 7 2008\nMr. Andrew Romach\nRegulatory Compliance Manager\nURS Corporation\n1600 Perimeter Park Drive\nMorrisville, NC 27560\nRef. No.: 08-0270\nDear Mr. Romach:\nThis is in response to your October 28,2008 letter requesting clarification of the non-bulk\nshipping requirements for shock absorbers under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 17 1 - 180). Specifically, you ask if shock absorbers that are classed as\n\"Articles, pressurized pneumatic, UN3 164\" may be shipped together in non-specification\noutside packaging (e.g., large fiberboard box or metal cage) and whether they are excepted\nfrom DOT hazard labeling and placarding requirements.\nIn accordance with 5 173.306(0(3), the shock absorbers are excepted from labeling (unless\noffered for transportation by aircraft) and specification packaging requirements. To take\nadvantage of these exceptions, each shock absorber must be designed and fabricated with a\nburst pressure of not less than five times its charged pressure at 70°F when shipped. In\naddition, each shock absorber must be shipped as an inside packaging (outer packaging may\nconsist of a large fiberboard box or metal cage that meets the general packaging requirements\nin Part 173), have a gas space under stored pressure of 2,500 cubic inches or less, and be\ntested before initial shipment and before each refilling and reshipment without evidence of\nfailure or damage. Shock absorbers conforming to the requirements in § 173.306(f)(3) are\nnot excepted from placarding requirements. -\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nSusan Gorsky\nActing Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nMr. Ed Mazzullo, Director\nOffice of Hazardous Material Standards\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 7th Street, SW\nWashington, DC 20590-000 1\nPAX: (202) 366-3012\nDear Mr. Mazzullo:\nI am writing to you to request written clarification of the regulatory requirements set out\nin 49 CFR 173.306(f) that apply when shipping several hundred automotive shock\nabsorbers together in an outside packaging, such as a metal cage or a large fibreboard\nbox. These shock absorbers are being shipped for metal recycle. The shock absorbers\nare classified as Articles, pressurizedpneumatic, UN3 164. The shock absorbers meet the\nrequirements set out in 49 CFR 173.306(0(3).\nBased on my reading of the regulations, 49 CFR 173.306(f)(3) appears to allow shock\nabsorbers to be shipped together in an outside packaging, such as a metal cage or a\nlarge fibreboard box, and to be excepted from DOT hazard labeling and placarding\nrequirements. Please confirm that this shipping scenario is correct. I have described\nbelow the regulatory evaluation to support this shipping scenario.\nIn discussions with Donald Burger in DOT'S Office of Hazardous Materials Technology,\nhe agreed that as a receptacle for a gas, each shock absorber would meet the definition of\na non-bulkpackaging in 49 CFR 171.8 because each shock absorber has a water capacity\nmuch less that this 454 kg limit.\nAs set out in column 8A (exceptions) of the Hazardous Material Table in 49 CFR\n172.10 1, non-bulk shipping requirements for Articles, pressurizedpneumatic, LIN3 164\nare found in 49 CFR 173.306.\nBased on the requirements set out in 49 CFR 173.306(0(3), the above-described shock\nabsorbers could be shipped as follows:\nEach shock absorber would be considered an inside packaging [49 CFR\n173.306(0(3), indirect reference to 49 CFR 173.306(f)(2)(i).]\nThe shock absorbers must be contained in an outer packaging. A metal cage\nor a large fibreboard box could be used as the outer packaging. (The shock\nabsorber is excepted from specification packaging requirements.) [49 CFR\n173.306(f)(3)].\nThe outer package must be marked with the proper shipping name and UN\nnumber (Articles, pressurized pneumatic, UN3 164).\nThe outer packaging is excepted from the Division 2.2 hazard label [49 CFR\n173.306(f)(3)].\n\n<<<PAGE 3>>>\n\nPage 2 of 2\nThe shipment is also excepted from placarding. (Although the exception from\nplacarding is not explicitly stated in 49 CFR 173.306(0(3), the exception is\nreferenced indirectly through 49 CFR 173.306(0(3)(i), which states: \"Each\naccumulator must be in compliance with the requirements stated in paragraph\n(Q(2). . ..\" Paragraph (f)(2) states: \"In addition, shipments are not subject to\nsubpart F of part 172 of this subchapter.\"\nPlease confirm that the above-described shipping scenario is correct for shipping\nseveral hundred shock absorbers together in an outside packaging, such as a metal\ncage or a large fibreboard box, and that under this shipping scenario, the shock\nabsorbers contained in the outside packaging would also be excepted from DOT\nhazard labeling and placarding requirements.\nI appreciate your written clarification of this regulatory question.\nSincerely,\nAndrew N. Romach\nRegulatory Manager\nURS Corporation\nURS Corporation\n1600 Perimeter Park Drive\nMorrisville, NC 27560\nTel: 919.461.1220\nFax:919.461.1371\nandy~romach@urscorp.com","truncated":false,"body_characters":5247}