# Ms. Kathy S. Gentry — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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:**

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U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
JUN 1 3 2012
Ms. Kathy S. Gentry
P.O. Box 244
Sadorus, IL 61872
Ref. No. 11-0282
Dear Ms. Gentry:
This responds to your October 24, 2011letter requesting clarification on the Hazardous
Materials Regulations (HMR; 49 CPR Parts 171-180). Specifically, you ask for clarification
on the package testing scenarios as follows:
Ql. An open head steel drum is purchased with the marking UN1A2/X30/S/. It is your
understanding that when a material is placed directly into the drum, the package is
considered a "single package." No additional package testing is needed if the material is
compatible with the drum and the gross weight is equal to or less than 30 kg. However, if
any other type of packaging is used (bottles, vials, cans, etc.) for the material and then this
packaging is placed into the drum, then the package is now a "combination package."
Combination packages must be tested to ensure the inner packaging and outer packaging
together are of sufficient means to safely contain their contents and must be retested every
24 months. You seek confirmation that your understanding is correct?
Al. ln accordance with § 178.602(a), each packaging and package is required to be closed
in preparation for testing and tests to be carried out in the same manner as if prepared for
transportation. It requires testing in both the single and combination packaging
configuration. You must ensure that it has been tested for your material and in the
configuration which you are using. However, it should be noted that an authorized single
packaging for a hazardous material may contain inner receptacles which are compatible with
the lading and do not affect the performance of the specification packaging. This packaging
may remain marked as a single packaging and need not be retested. The completed package
must meet the general packaging requirements of Part 173, Subpart B. (See §§ 173.21( e)
and 173.24).
Q2. A UN4GV box is purchased. None of the components used in the original testing are
purchased for use. The shipper wants to use its inner containers and components. It is your
understanding that the 4GV must be used with the components that it was tested with.
Although in some instances the shipper may use their own inner container, the other
components (tape, vermiculite, dividers, etc.) have to be used. You seek confirmation that
your understanding is correct?

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A2. Your understanding is correct. However, a UN4GV is a variation packaging. Section
178.601(g)(2) provides for selective testing of combination packaging that differ only in
minor respects from a tested type. The UN4GV combination packaging must adhere to the
provisions in § 178.601(g)(2).
Q3. When a UN certified package is used, the testing limits are set not by the total quantity
of material, but by the number of units. It is your understanding that if the 4G V from Q #2
has been tested for one 16 oz bottle, then only 1 unit of up to 16 oz can be shipped in the
package. You cannot ship 20 units of lesser amounts to add up to 16 oz or less OR any other
combination that adds up to 16 oz. You seek confirmation that your understanding is
correct?
A3. Your understanding is correct. Inner packagings of equivalent or smaller size may be
used provided they meet requirements of§ 178.601(g)(1)(i). Furthermore, a lesser number
of the tested inner receptacles, or of the alternative types of inner receptacles identified in
§ 178.60l(g)(1)(i) may be used provided sufficient cushioning is added to fill the void
space( s) and to prevent significant movement of the inner packagings. The package
variations specified in § 178.601(g)(1) do not permit increases in the volume or quantity of
the inner packagings.
Q4. If someone is filling a container that is to be used as an inner packaging, but they are
not given a choice as to which container to use (inner packaging has already been decided
and is not changed without consent), do they have to be trained on packaging?
A4. Yes. Filling a hazardous materials packaging is a function that directly affects
hazardous materials transportation safety, which is included in the definition of a hazmat
employee in § 171.8. All hazmat employees require training in accordance with part 172,
subpart H.
I hope this answers your inquiry. If you need additional assistance, please contact this office
at (202) 366-8553.
s~:
~___$~
Ben Supko
Senior Regulations Officer
Standards and Rulemaking Division

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October 24, 2011
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US DOT
PHMSA Office of Hazardous Materials Standards
Attn: PHH-10
East Building
1200 New Jersey Ave, SE
Washington, DC 20590-0001
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I am presently working with a group of people wanting to start a chemical
distribution company. I have 20+ years of experience in shipping hazardous materials,
but am finding it hard to convince this group of the regulations. It is for this reason that I
am taking the exact instances we have discussed and asking for a clear interpretation of
the regulations.
1) An open head steel drum is purchased with the marking UN1A2/X30/S/ ....
If my understanding is correct, if material is placed directly into the drum, then
the package is considered a "single package". No additional package testing is
needed if the material is compatible with the drum and the gross weight is = or <
30kg.
However, if any other type of packaging is used (bottles, vials, cans, etc) for the
material and then this packaging is placed into the drum, then the package is now
a "combination package". Combination packages must be tested to ensure the
inner packagings and outer packagings together are of sufficient means to safely
contain their contents and must be re-tested every 24 months.
Can you please comment if my understanding is correct?
2) A UN4GV box is purchased- box only. None of the components used in the
original testing are purchased for use. The shipper wants to use their inner
containers and all their inner components.
Again, if my understanding is correct, the 4GV must be used with the components
that it was tested with. Although in some instances the shipper may use their own
inner container, the other components (tape, vermiculite, dividers, etc) have to be
used.
Please comment.
3) Testing restrictions- When a UN certified package is used, the testing limits are
set NOT by the total quantity of material, but by the number of units. If the 4GV
from #3 has been tested for one 16 oz bottle, then only 1 unit of up to 16 oz can
be shipped in the package. You cannot ship 20 units of lesser amounts to add up
to 16 oz or less OR any other combination that adds up to 16 oz.
Please comment.

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4) Training requirements- If someone is filling a container that is to be used as an
inner packaging, but they are not given a choice as to which container to use
(inner packaging has already been decided and is not changed without consent) do
they have to be trained on packaging?
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