Hazardous Materials Safety Interpretation 11-0212

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington. D.C. 20590 FEB 152012 Carl Bollinger Zyvax Corporate 15412 Highway 515 S Ellijay, GA 30536 Reference No.: 11·0212 Dear Mr. Bollinger: This is in response to your August 26, 2011 e·mail to the Hazardous Materials Information Center and follow·up telephone discussion requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171·180) as they pertain to the overpack marking requirement of §173.25(a)(4). You ask whether a box marked "OverPack" is acceptable to meet the "OVERPACK" mark specified by §173.25(a)(4). In addition to the HMR, the requirement for the overpack marking is also found in the international standards and regulations, including the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations); the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (lCAO Technical Instructions); and the International Maritime Dangerous Goods Code (IMDG Code). H is also under proposal for Transport Canada's Transportation of Dangerous Goods Regulations (Transport Canada TDG). The HMR, UN Model Regulations, IMDG Code, and proposed Transport Canada TDG standards are all consistent in specifying the "OVERPACK" marking. The only variation from this requirement is the ICAO Technical Instructions standard that specifies an "Overpack" marking. The "OverPack" marking that you reference is not consistent with any ofthe existing or proposed standards and regulations and is therefore not acceptable to meet the requirements of §173.25(a)(4) of the HMR. I hope this satisfies your inquiry. Please contact us if we can be of further assistance. [2' Delmer Billings Senior Regulatory Advisor Standards and Rulemaking Division#

Page 2Drakeford, Carol From: Sent: To: Subject: INFOCNTR (PHMSA) Monday, August 29, 2011 3:25 PM Drakeford, Carolyn (PHMSA) Interp Request 1/-6~/ Hi Carolyn, We received the following request for a letter of interpretation. Thanks. Victoria Victoria Lehman Hazmat Information Center (HMIC) http://phmsa.dot.gov/hazmat/info-center (202) 366-1035 From: Carl Bollinger [mailto:carl@zyvax.coml Sent: Friday, August 26, 2011 2:15 PM To: INFOCNTR (PHMSA) Subject: Overpack Labeling To Whom It May Concern: I ordered around 600 OVERPACK boxes for hazmat shipping of 5 gallon pails. When I recieved them the Word was printed on the box, "OverPack", in upper and lower case letters. In looking at the 49 CFR I found where it is printed in all caps "OVERPACK". I called and talked to Michael Stevens at your office and he thought that the boxes would be ok but I would like to get something in writing stating that the boxes meet regulations in case there is a problem in the future. If they are not ok I would like to know as soon as possible so I can send the boxes back to the manufacturer. Thank you, and would appreciate a speedy turn around on this issue. Carl Bollinger 15412 Hwy 515 S Ellijay, GA 30536 706 698-4405 x13 1#