TEN-E Packaging Services, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department ofTronsportotion 1200 New Jersey Ave, SE Washington. D.C. 20590 Pipeline and Hazardous Materials Safety Administration fEB 162011 Mr. Robert1. Ten Eyck Director, Technical Services TEN-E Packaging Services, Inc. 1666 County Road 74 Newport, MN 55055 Ref. No. 10-0092 Dear Mr. Ten Eyck: This responds to your letter dated, requesting clarification of the inner packaging quantity limitations for nitric acid under § 173. 158(b)(2), (d)(I), (d)(2), (e), (t)(2), (t)(3), (h)(l) and (h)(2) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the "not over 2.5 L" inner packaging quantity limitation as specified in the above referenced paragraphs of the § 173.158 packaging instruction for nitric acid refers to overflow capacity or nominal capacity while recognizing the latter to infer a certain amount of outage manufactured into the packaging when necessary. Nitric acid of 70% or less concentration offered for transport by rail, highway, or water may be packaged in certain combination packagings with plastic, glass, or earthenware inner packagings not over 2.5 L capacity each. The term "not over" as used in § 173.158 means that you may not use an inner packaging with a maximum capacity greater than 2.5 L (i.e., overflow capacity). I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2TEl sun KG THE 5TH HUBR 0 April 21, 2010 Susan Gorsky U.S. DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Standards, PHH-10 1200 New Jersey Avenue SE Building, 2nd Floor Washington, DC 20590 Dear Susan: TEN-E Packaging Services, Inc. is writing to request a clarification concerning maximum capacity for 2.5 liter glass and plastic bottles referenced in Sections 173.158(b)(2), (d)(1), (d)(2),(e), (f)(2), (f)(3) , (h)(1) and (h)(2) of Title 49 CFR. Does the statement "not over 2.5 L" used in these sections mean overflow capacity or nominal capacity with a recognition for the latter that a certain outage can be built into the packaging? TEN-E Packaging Services would appreciate having the agency's viewpoint on this capacity matter. Sincerley, TEN-E Packaging Services. Inc. 1666 County Road 74 Newport, MN 55055· Phone: 651-459-0671 Fax: 651-459-1430 Email: info@ten-e.com Web: www.ten-e.com UNITED STATES - MN#