{"operation":"document","citation":"11-0282R","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":"2013-01-02","effective_on":null,"summary":"11-0282R concerning 178.601, 178.602.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0282r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0282r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0282r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2011/110282R.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\nMs. Kathy S. Gentry\nP.O. Box 244\nSadorus, IL 61872\nRef. No. 11-0282R\nDear Ms. Gentry:\nThis responds to your October 24, 2011 letter requesting clarification on the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180), and provides additional clarification on your\nquestion 3 and our response to that question. Specifically, in your initial letter, you asked for\nclarification on the package testing scenarios as follows:\nQl. An open head steel drum is purchased with the marking UNIA2/X30/S/. It is your\nunderstanding that when a material is placed directly into the drum, the package is considered a\n\"single package.\" No additional package testing is needed if the material is compatible with the\ndrum and the gross weight is equal to or less than 30 kg. However, if any other type of\npackaging is used (bottles, vials, cans, etc.) for the material and then this packaging is placed into\nthe drum, then the package is now a \"combination package.\" Combination packages must be\ntested to ensure the inner packaging and outer packaging together are of sufficient means to\nsafely contain their contents and must be retested every 24 months. You seek confirmation that\nyour understanding is correct?\nAI. In accordance with§ 178.602(a), each packaging and package is required to be closed in\npreparation 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 configuration.\nYou must ensure that it has been tested for your material and in the configuration which you are\nusing. However, it should be noted that an authorized single packaging for a hazardous material\nmay contain inner receptacles which are compatible with the lading and do not affect the\nperformance of the specification packaging. This packaging may remain marked as a single\n· packaging and need not be retested. The completed package must meet the general packaging\nrequirements of Part 173, Subpart B. (See§§ 173.21(e) and 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. Although\nin some instances the shipper may use their own inner container, the other components (tape,\nvermiculite, dividers, etc.) have to be used. You seek confirmation that your understanding is\ncorrect?\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 minor\nrespects from a tested type. The UN4GV combination packaging must adhere to the provisions\nin§ 178.601(g)(2).\nQ3. When a UN certified package is used, the testing limits are set not by the total quantity of\nmaterial, but by the number of units. It is your understanding that if the 4GV from Q #2 has\nbeen tested for one 16 oz bottle, then only 1 unit of up to 16 oz can be shipped in the package.\nYou cannot ship 20 units of lesser amounts to add up to 16 oz or less OR any other combination\nthat adds up to 16 oz. You seek confirmation that your understanding is correct?\nA3. Your understanding is correct. Section 178.601(g)(2)(ii) does not authorize this as the\ncombined gross mass of the inner packaging would need to be reduced to not exceed one half of\nthe inner packaging used for the drop test.\nQ4. If someone is filling a container that is to be used as an inner packaging, but they are not\ngiven a choice as to which container to use (inner packaging has already been decided and is not\nchanged without consent), do they have to b~ trained on packaging?\nA4. Yes. Filling a hazardous materials packaging is a function that directly affects hazardous\nmaterials transportation safety, which is included in the definition of a hazmat employee in\n§ 171.8. All hazmat employees require training in accordance with part 172, subpart H:\nI hope this answers your inquiry. If you need additional assistance, please contact this office at .\n(202) 366-8553.\nSincerely,\nBen Supko\nSenior Regulations Officer\nStandards and Rulemaking Division\n---\n--~---·---·- ------~- -~-\n\n<<<PAGE 3>>>\n\nBoothe, Deborah (PHMSA)\nFrom:\nSent:\nTo:\nCc:\nSubject:\nSupko, Ben (PHMSA)\nWednesday, December 05, 2012 8:14AM\n'Jay Johnson'\nBoothe, Deborah (PHMSA); Benedict, Robert (PHMSA)\nRE: Question on a 4GV Interpretation\n~ I fes-n·n_j\n81- 028ZR\nGood morning Jay,\nThe problem/reason for responding in the manner that we did was that the drop test in the requester's question was\nconducted with a single 16 ounce bottle. Based on the language in §178.601(g){2)(ii) the combined gross mass of the\ninner packagings may not exceed one half of the gross mass of the inner packaging used for the drop test. So, given that\nthe requester asked to use inners that amounted to the fu!l16 ounce volume that was tested;§ 178.601(g)(2) was not\napplicable to the particular question asked. Also, based on telephone conversations with the requester we felt that the\nquestion was really intended to address the provisions in § 178.601(g){1}.\nHowever, you are correct that we should have made it clear why§ 178.601(g)(2} was not authorized for the question\nposed and why we chose to address the question based on§ 178.601(g)(1) rather than§ 178.601{g)(2). I certainly see\nwhy that resulted in confusion.\nTo address the specific scenarios you raise we felt that it was important log your request as an interpretation and add\nclarifying language to letter 11-0282.\nPlease let me know if you disagree with this approach.\nThanks again,\nBen\nFrom: Jay Johnson [mailto:jayj@inmarkinc.com]\nSent: Wednesday, December 05, 2012 4:46 AM\nTo: Supko, Ben (PHMSA)\nCc: Boothe, Deborah (PHMSA); Kelley, Shane (PHMSA)\nSubject: RE: Question on a 4GV Interpretation\nGood Morning Ben,\nl appreciate you and your staff getting back to me so quickly on my question of an interpretation. I am\ncurrently out of the country at meeting of the UN Sub-Committee of Experts on the Transportation of\nDangerous Goods in Geneva. Deborah Boothe of your office left me a message yesterday indicating the\ninterpretation in question was specific to a requestor and the requestor of this interpretation was happy with\nthe current answers. I do not think that addresses the incorrect reference in Q3 of the interpretation.\nIn the interpretation you answered Q3 about 4GV packaging with an answer referencing Variation 1 in §\n178.601(g)(1)(i) but answers to questions on 4GV packaging should be referencing Variation 2 in§\n178.601(g)(2). If the correct Variation had been referenced the answer should be change to:\n\"A3. Your understanding is incorrect, The package variations specified in§ 178.601(g)(2) do permit increases\nin the quantity of the inner packagings as long as they are not greater than the volume tested in the original\npackaging(s).\"\n1\n\n<<<PAGE 4>>>\n\n! reference this line from Variation 2 that supports this answer ...\nThe thickness of cushioning material between inner packagings and between inner packagings and the\noutside ofthe,packaging may not be reduced below the corresponding thickness in the originally\ntested packaging; and when a single inner packaging was used in the original test, the thickness of\ncushioning between inner packagings may not be less than the thickness of cushioning between the\noutside of the packaging and the inner packaging in the original test.\nI would appreciate you making this correction.\nBest regards,\nJay\nJay Johnson, DGSA 1 Regulatory Compliance\no +1 770.373.3300 1 d +1 770.373.3356 l m +1 770.377.0205 1 f +1 770.373.3357 1 .3 jayj@lnmarkPackaging.com\nFollow us at:\nOur new website has launched! lnmarkPackaging.com offers a robust set of tools and information to elevate your\nexperience with us.\nConfidentiality Notice:\nThis communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510,\nand its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain\nconfidential information. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or\nattached to this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at +1-770-373-3300 and destroy the original\ntransmission and its attachments without reading or saving in any manner.\nFrom: Ben.Supko@dot.gov [mailto:Ben.Supko@dot.gov]\nSent: Tuesday, December 04, 2012 10:16 AM\nTo: Jay Johnson\nSubject: Re: Question on a 4GV Interpretation\nMr. Johnson,\nGood morning. I received your voicemail yesterday and have asked the staff member that worked on the letter to follow\nup with both you and the initial requester. Please let me know if you don't hear anything from COB tomorrow.\nThank you for bringing this to my attention,\nBen\nFrom: Jay Johnson [mailto:jayj@inmarkinc.com]\nSent: Tuesday1 December 041 2012 09:34AM\nTo: Supko, Ben (PHMSA)\nCc: Kelley, Shane (PHMSA)\nSubject: Question on a 4GV Interpretation\n2\n\n<<<PAGE 5>>>\n\nHello Ben,\nI left you a voice mail message last week concerning an interpretation on 4GV packaging (Ref. No. 11-0282).\nIn the interpretation you answered Q3 about 4GV packaging with an answer referencing Variation 1 in§ 178.601{g){1)(i)\nbut answers to questions on 4GV packaging should be referencing Variation 2 in§ 178.601(g)(2).\nI believe that the answer would be different for Variation 2 because of this line in§ 178.601(g}{2)(iii) that allows inner\npackagings to be used in place of a single inner packaging tested:\nThe thickness of cushioning material between inner packagings and between inner packagings and the outside of\nthe packaging may not be reduced below the corresponding thickness in the originally tested packaging; and\nwhen a single inner packaging was used in the original test, the thickness of cushioning between inner\npackagings may not be less than the thickness of cushioning between the outside of the packaging and the inner\npackaging in the original test.\nI would like to rephrase the question about 4GV packaging to the following:\nAre the limits set by 4GV packaging based on the total volume tested, the marked maximum gross and the minimum\nthickness of cushioning material?\nIf a 4GV package was tested with 2 x lllter fragile glass bottles, Can a shipper substitute (without the need for further\ntesting) the following inner combinations if the minimum thickness of cushioning material was maintained and the\npackage weighs less than the marked gross mass?\n• 4 x 500ml plastic bottles\ne Two plastic bags each containing 2 x 500 ml plastic bottles with no minimum cushioning distances maintained\nwithin the bag\no 1 x 2 liter plastic bottle\no 2 metal cans each containing 1 x 11iter glass bottle\n<ll 2 metal cans each containing 2 x SOOml glass bottles with no minimum cushioning distances maintained within\nthe can\n0 2 metal cans each containing 1 x 500ml glass bottles\nThanks\nJay\nliilUIUa~1l\n~ ~]fill\nJay Johnson, DGSA I Regulatory Compliance\no +1 770.373.3300 I d +1 770.373.3356 I m +1 770.377.02051 f +1 770.373.3357 I e jayj@lnmarkPackaging.com\nFollow us at:\n1m\nOur new website has launched! lnmari<Packaging.com offers a robust set of tools and information to elevate your\nexperience with us.\nConfidentiality Notice:\nThis communication constitutes an electronic communication within the meaning ofthe Electronic Communications Privacy Act, 18 U.S. C. Section 2510,\nand its disclosure is strictly limited to the recipient intended by the sender ofthis message. This transmission, and any attachments, may contain\n3\n\n<<<PAGE 6>>>\n\nconfidential information. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or\nattached to this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at +1-770-373-3300 and destroy the original\ntransmission and its attachments without reading or saving in any manner.\n4","truncated":false,"body_characters":12272}