{"operation":"document","citation":"09-0263R","title":"TEN-E Packaging Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-05-05","effective_on":null,"summary":"09-0263R response to TEN-E Packaging Services, Inc. concerning 178.602.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0263r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0263r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0263r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090263R.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, SE\nWashington. D.C. 20590\nMAY 05 20m\nMr. Robert Eyck\nTEN-E Packaging Services, Inc.\n1666 County Road 74\nNewport,MN 55055\nRef. No.: 09-0263R\nDear Mr. Eyck:\nThis responds to your October 13,2009 letter regarding the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to non-bulk packaging used to transport\nhazardous materials. Specifically you ask whether separate tests are required for inner\nreceptacles of combination packagings that are intended to contain both liquid and solids. This\nis a revision to our original response from December 10, 2009.\nThe HMR, at § 178.602, require each packaging to be closed in preparation for testing and tests\nto be carried out in the same manner as if prepared for transportation, including inner\npackagings in the case of combination packagings. Therefore, a combination packaging design\noriginally tested with inner packagings containing liquids may not be used to package solid\nmaterials, as a single package or otherwise, without further testing.\nI trust this satisfies your inquiry. Should have any further questions, please contact this office.\nSincerely,\n-f~'0---\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nA-ndreaJ~\n~ /13 .~t.jo..(h)(#)\nSfHIUG THE STH N OR RO N()A-htLlt fo.ci:A..J/~O#\nftU,ka-'te5\n(}9-' 07e&3\nOctober 13, 2009\nSusan Gorsky\nI U.S. DEPARTMENT OF TRANSPORTATION\nPipeline and Hazardous Materials Safety Administration\nI I Office of Hazardous Materials Standards, PHH-10\n1200 New Jersey Avenue\nSE Building, 2nd Floor\n1 Washington, DC 20590\nDear Susan:\nTEN-E Packaging Services, Inc. recently became aware of a DOT letter of clarification, Ref. No. 050111,\nthat conflicts with our understanding of what the UN Recommendations on the Transport of\nI Dangerous Goods Model Regulaltions and Title 49 CFR permit when qualifying combination\npackagings to the UN standards. We have always advised our clients that separate tests must be\nconducted for inner receptacles of combination packagings that are intended to contain both liquids\nand solids. We base this view on Section 173.24a(b)(3) of Title 49 CFR that limits a qualified liquids\npackaging to be used for solids to only single and composite packagings, Section 6.1.5.2.1 of the UN\nRecommendations on the Transport of Dangerous Goods Model Regulations that states for\ncombination packagings with inner packagings designed to carry liquids and solids testing must be\nconducted for each scenario and a 1992 Third Party Laboratory summary of questions and answers\nI( reference Answer to Question #8) that prohibits substituting inner packagings for solids on a liquids\n. qualified packaging. Copies of the referenced documents are attached for your review.\nTEN-E Packaging Services would appreciate a quick response to what the agency's position is on\n\" this matter as we want to provide our clients with proper advice on this UN packaging certification\nissue.\nSincerley,\nTEN-E Packaging Services, Inc.\n1666 County Road 74\nNewport, MN 55055\n: Phone: 651-459-0671\ni Fax: 651-459-1430\n! Email: info@ten-e.com\ni\n-·········1·ij~~D~~~~=~M~nl' ...,...... _,.... .\n\n<<<PAGE 3>>>\n\nU.S. Deportment ·tOO Seventh Street, S.W.\nWasI'lingtun, D.C. 20590\nof Transportation\nPipeline and JUN 1 7 2005\nHazardous MaterlalsSaraty\nAdmlnlstrollon\nMs. Cherie Walton Ref. No. 05-0 III\nReactives Management Corporation\n1025 Executive Blvd., Suite 101\nChesapeake, VA 23320\nDear Ms. Walton:\nThis is in response to your April 28, 2005 letter requesting clarification regarding the general\npackaging requirements specified under the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Your questions are parapluased and answered as follows:\nQl. Is it permissible for a specitication combination package (a UN 40 fiberboard box with\ninner metal receptacles), which was tested for liquids, to be filled with a solid material as long\nas the gross mass marked on the packaging is not exceeded?\nA1. Yes. A combination packaging that was tested with a liquid may be filled with a solid\nmaterial provided it is an authorized packaging for the solid material and conforms to the\ngeneral packaging provisions in Part 173, Subpart B.\nQ2. If the answer to Ql is yes, must the inner receptacles be used to contain the solid\nmaterial?\nA2. Yes. The packaging should be prepared in the same manner it was tested.\nI hope this information is helpful.\n;zg/~~\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n1111111111111111111\n050111\n\n<<<PAGE 4>>>\n\nMessage\n_IN_FO_C_N_TR_<_P_HM_S_A_>.~~\nFrom: reaclives@earthlink.net\nSent: Thursday, April 28,200512:39 PM\nTo: INFOCNTR <PHMSA> Subject: Information Center Comments/Questions\nComplete by Phone, Left VM to call HM[C 4/28/2005 KAL\nBelow is the result ofyour feedback fonn. It was submitted by\nCherie Walton (reactives@earthlink.net) on Thursday, April 28, 2005 at 12:38:35.\n~~S4-/f:,':-t·~;th yj,;l,#Ie. Page 1 of 1\n\"~/13 ~ :?~t.f (./: (b) ~\n__, ______ It::....;;Ic...;..../J\" boJt. ttUk¥JI.f; s -41\n&e1~4!..1e ~ c\n(>5 - {jIll\nEmail: reactives@earthlink.net\nName: Cherie Walton\nCategory: Shippers-General Requirements for Shipments and Packagings (Sections 173.1 - 173.476)\nOrganization: Reactives Management COIp.\nStreet: 1025 Executive Blvd., Suite 101\nCity: Chesapeake\nState: Virginia\nZip Code: 23320\nPhone: 757-436-1033\nFax: 757-548-2808\nComments: RE: Combination packaging.\nWe have two sizes ofcombination packagings which are intended to hold liquids. Each combination pacbging consists of\ninner metal cans (e.g. metal paint cans) with lOCking rings. These are packed inside a 4GY.\nThe markings on the outer 4Gs are as follows:\n4GN9.6/S/04 U8AI+AX4033\nand\n4GN38.5/S/05 USA/+AZ4600\nAccording to 173.24a(b)(3), which addresses single or composite non-bulk packaging (not c(lmbillution paekagings), solids\nmay be packed in non-bulk packaging which has been tested for liquids.\nCan we use the above 4Gs (since they are marked with an \"8ft\n) for solids as long ali the gross mass in kilograms does not\nexceed the rated capacity ofthe packaging in liters?\nIf so, are we required to pack the solids in the approved inner recepticles (paint cans)?\nThanks for your help.\n4/2812005\n\n<<<PAGE 5>>>\n\n(f) If the outer packaging is intended to contain inner pll(;kagings [or liquids and is not\nleakproof, or is intended to contain inner packagings for solids and is not siftproof, a\nmeans of containing any liquid or solid contents in the event of leakage shall be\nprovided in the fonn of a leakproof liner, plastics bag or other equally efficient means\nof containment. For packagings containing liquids, the absorbent material required in\n(e) above shall be placed inside the means ofcontaining the liquid contents;\n(g) For air transport, packagings shaH comply with 4.1.1.4.1;\n(h) Packagings shall be marked in accordance with 6. J.3 as having been tested to packing\ngroup I perfonnance for combination packagings. The marked gross mass in\nkilograms shall be the sum of the mass of the outer packaging plus one half of the\nmass of the inner packaging(s) as used for the drop test referred to in (n) above. Such a\npackaging mark shall also contain a letter \"V\" as described in 6.1.2.4.\n6.1.5.1.8 The competent authority may at any time require proof, by tests in accordance with this\nsection, that serially-produced packagings meet tlte requirements of the design type tests.\n6.1.5.1.9 properties even after the tests.\nIf an inner treatment or coating is required for safety reasons, it shall retain its protective\n6.1.5.1.10 Provided the validity ofthe test results is not affected and with the approval of tile competent\nauthority, several tests may be made on one sample.\n6.1.5.1.11 Salvage packogil7gs\nSalvage packagings (see 1.2.1) shan be tested and marked in accordance with the provisions\napplicable to packing group II packagings intended for the transport of solids or inner packagings, except as\nfollows:\n(a) The test substance used in perronning the tests shall be water, and the packagings\nshalt be filled to not less than 98% of their maximum capacity. It is pennissible to use\nadditives. such as bags of lead shot, to achieve the requisite total package mass so long\nas they ilre placed so that the test results are not affected. Alternatively, in perfonning\nthe drop test, the drop height may be varied in accordance with 6.1.5.3.5 (b);\n(b) Packagings shall, in addition, have been successfully subjected to the leakproofuess\ntest at 30 kPa, with the results of this test reflected in the test report required by\n6.1.5.7; and\n(c) Packagings shan be marked with the letter \"T\" as described in 6.1.2.4.\n6.1.5.2 Preparation ofpllckagings for lestlll,\n6.1.5.2.1 Tests shall be carried out on packagings prepared as for transport including, with respect to\ncombination packagings, the inner packagings used. Inner or single receptacles or packagings other than\nbags shall be filled to not less than 98% of their maximum capacity for liquids or 95% for solids. Bags shall\nbe filled to the maximum mass at which they may be used. For combination packagings where the inner\npackaging is designed to carry Jiquids and solids, separate testing is required for both liquid and solid\ncontents. The substances or articles to be transported in the packagings may be replaced by other substances\nor articles except where this would invalidate the results of the tests. For solids, when another substance is\nused it shall have the same physical characteristics (mass, grain size, etc.) as the substance to be carned. It is\npennissible to use additives, such as bags of lead shot, to achieve the requisite total package mass, so long as\nthey are placed so that the test results are not affected.\n6.1.5.2.2 In the drop tests for liquids, when another substance is used, it shall be of similar relative\ndensity and viscosity to those of the substance being transported. Water may also be used for the liquid drop\ntest under the conditions in 6.1.5.3.5.\n·183","truncated":false,"body_characters":10139}