W.E. Train Consulting — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave, SE Pipeline and Hazardous Materials Washington, D.C. 20590 Safety Administration DEC 1 7 2010 Mr. W. Eugene Sanders Manager W.E. Train Consulting 8710 W. Hillsborough Ave #112 Tampa, FL 33615 Ref. No.: 10-0246 Dear Mr. Sanders: This responds to your November 2, 2010 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that in a previous letter of interpretation issued by PHMSA (06-0016), we permitted the use of an authorized single packaging, which was tested and marked for liquid hazardous materials, to contain inner receptacles that were compatible with the lading provided the inner receptacles would not adversely impact the level of performance of the packaging. Specifically, you ask whether this interpretation of the HMR continues to be in compliance. The answer is yes. An authorized single packaging which is tested and marked for liquid hazardous materials may contain inner receptacles that are compatible with the lading provided the inner receptacles do not adversely impact the level of performance of the packaging. This configuration continues to comply with the HMR. Furthermore, the packaging would remain marked as a single packaging and be to subject to all requirements of the subchapter as a single packaging. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, r---7~~?'&~~-- T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Nl tl<tLS § 113. 2~~ r>acJ:~.aj J~g s lCJD2 tJ~ NOV 222010 CONSULTING 02 November 2010 John A. Gale Chief, Standards Development Office of Dangerous Goods Standards PHMSA, U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Dear Mr. Gale, This letter seeks further clarification of the regulatory requirements related to your letter of interpretation, Ref. No. 06-0016, attached. A dangerous good intended for international air shipment is placed in an authorized, non-bulk, single packaging, but as per the aforementioned letter of interpretation, the dangerous good is further contained in compatible inner receptacles. The package remains marked as a single packaging, again per the letter of interpretation. Please confirm that, consistent with the specification package markin& the package is still a single package, subject to the single package air shipment limits and Packing Instructions (PI), and when described on shipping documents may declare the single package PI. We are aware of a counter-argument, with which we do not agree, that says the configuration is not a single package, but a combination package. Please be aware that a determination that the shipping documents must declare a combination package PI will almost certainly be noted by carriers as a conflict with the single package specification mark, and result in rejection of the shipment. ::~re~ iL... W. Eugene Sanders III Manager, W.E. Train ConSUlting 8710 W. Hillsborough Avenue #112 Tampa, FL 33615 USA Gene@WEtrainConsultlng.com (412) 779-5151#