{"operation":"document","citation":"11-0282","title":"Ms. Kathy S. Gentry — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-06-13","effective_on":null,"summary":"11-0282 concerning 173.21, 173.24, 178.601, 178.602.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0282.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0282.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0282","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110282.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJUN 1 3 2012\nMs. Kathy S. Gentry\nP.O. Box 244\nSadorus, IL 61872\nRef. No. 11-0282\nDear Ms. Gentry:\nThis responds to your October 24, 2011letter requesting clarification on the Hazardous\nMaterials Regulations (HMR; 49 CPR Parts 171-180). Specifically, you ask for clarification\non the package testing scenarios as follows:\nQl. An open head steel drum is purchased with the marking UN1A2/X30/S/. It is your\nunderstanding that when a material is placed directly into the drum, the package is\nconsidered a \"single package.\" No additional package testing is needed if the material is\ncompatible with the drum and the gross weight is equal to or less than 30 kg. However, if\nany other type of packaging is used (bottles, vials, cans, etc.) for the material and then this\npackaging is placed into the drum, then the package is now a \"combination package.\"\nCombination packages must be tested to ensure the inner packaging and outer packaging\ntogether are of sufficient means to safely contain their contents and must be retested every\n24 months. You seek confirmation that your understanding is correct?\nAl. ln accordance with § 178.602(a), each packaging and package is required to be closed\nin preparation for testing and tests to be carried out in the same manner as if prepared for\ntransportation. It requires testing in both the single and combination packaging\nconfiguration. You must ensure that it has been tested for your material and in the\nconfiguration which you are using. However, it should be noted that an authorized single\npackaging for a hazardous material may contain inner receptacles which are compatible with\nthe lading and do not affect the performance of the specification packaging. This packaging\nmay remain marked as a single packaging and need not be retested. The completed package\nmust meet the general packaging requirements of Part 173, Subpart B. (See §§ 173.21( e)\nand 173.24).\nQ2. A UN4GV box is purchased. None of the components used in the original testing are\npurchased for use. The shipper wants to use its inner containers and components. It is your\nunderstanding that the 4GV must be used with the components that it was tested with.\nAlthough in some instances the shipper may use their own inner container, the other\ncomponents (tape, vermiculite, dividers, etc.) have to be used. You seek confirmation that\nyour understanding is correct?\n\n<<<PAGE 2>>>\n\nA2. Your understanding is correct. However, a UN4GV is a variation packaging. Section\n178.601(g)(2) provides for selective testing of combination packaging that differ only in\nminor respects from a tested type. The UN4GV combination packaging must adhere to the\nprovisions in § 178.601(g)(2).\nQ3. When a UN certified package is used, the testing limits are set not by the total quantity\nof material, but by the number of units. It is your understanding that if the 4G V from Q #2\nhas been tested for one 16 oz bottle, then only 1 unit of up to 16 oz can be shipped in the\npackage. You cannot ship 20 units of lesser amounts to add up to 16 oz or less OR any other\ncombination that adds up to 16 oz. You seek confirmation that your understanding is\ncorrect?\nA3. Your understanding is correct. Inner packagings of equivalent or smaller size may be\nused provided they meet requirements of§ 178.601(g)(1)(i). Furthermore, a lesser number\nof the tested inner receptacles, or of the alternative types of inner receptacles identified in\n§ 178.60l(g)(1)(i) may be used provided sufficient cushioning is added to fill the void\nspace( s) and to prevent significant movement of the inner packagings. The package\nvariations specified in § 178.601(g)(1) do not permit increases in the volume or quantity of\nthe inner packagings.\nQ4. If someone is filling a container that is to be used as an inner packaging, but they are\nnot given a choice as to which container to use (inner packaging has already been decided\nand is not changed without consent), do they have to be trained on packaging?\nA4. Yes. Filling a hazardous materials packaging is a function that directly affects\nhazardous materials transportation safety, which is included in the definition of a hazmat\nemployee in § 171.8. All hazmat employees require training in accordance with part 172,\nsubpart H.\nI hope this answers your inquiry. If you need additional assistance, please contact this office\nat (202) 366-8553.\ns~:\n~___$~\nBen Supko\nSenior Regulations Officer\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nOctober 24, 2011\n~oa+he\n~ /7t,rJ6lf\nc3 118. 57)3\nUS DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Ave, SE\nWashington, DC 20590-0001\nPttu~t~»9s\n11-o:t..fo~\nI am presently working with a group of people wanting to start a chemical\ndistribution company. I have 20+ years of experience in shipping hazardous materials,\nbut am finding it hard to convince this group of the regulations. It is for this reason that I\nam taking the exact instances we have discussed and asking for a clear interpretation of\nthe regulations.\n1) An open head steel drum is purchased with the marking UN1A2/X30/S/ ....\nIf my understanding is correct, if material is placed directly into the drum, then\nthe package is considered a \"single package\". No additional package testing is\nneeded if the material is compatible with the drum and the gross weight is = or <\n30kg.\nHowever, if any other type of packaging is used (bottles, vials, cans, etc) for the\nmaterial and then this packaging is placed into the drum, then the package is now\na \"combination package\". Combination packages must be tested to ensure the\ninner packagings and outer packagings together are of sufficient means to safely\ncontain their contents and must be re-tested every 24 months.\nCan you please comment if my understanding is correct?\n2) A UN4GV box is purchased- box only. None of the components used in the\noriginal testing are purchased for use. The shipper wants to use their inner\ncontainers and all their inner components.\nAgain, if my understanding is correct, the 4GV must be used with the components\nthat it was tested with. Although in some instances the shipper may use their own\ninner container, the other components (tape, vermiculite, dividers, etc) have to be\nused.\nPlease comment.\n3) Testing restrictions- When a UN certified package is used, the testing limits are\nset NOT by the total quantity of material, but by the number of units. If the 4GV\nfrom #3 has been tested for one 16 oz bottle, then only 1 unit of up to 16 oz can\nbe shipped in the package. You cannot ship 20 units of lesser amounts to add up\nto 16 oz or less OR any other combination that adds up to 16 oz.\nPlease comment.\n\n<<<PAGE 4>>>\n\n4) Training requirements- If someone is filling a container that is to be used as an\ninner packaging, but they are not given a choice as to which container to use\n(inner packaging has already been decided and is not changed without consent) do\nthey have to be trained on packaging?","truncated":false,"body_characters":7100}