Dangerous Goods Transport Consulting, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue, SE of Transportation Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration MAR 282012 Mr. Frits Wybenga President Dangerous Goods Transport Consulting, Inc. 15108 Red Clover Drive Rockville, MD 20853 Reference No.: 11-0304 Dear Mr. Wybenga: This is in response to your December 12, 2011 letter requesting guidance as to whether a recent amendment to Chapter 6.1.1.1(d) of the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations (UN Model Regulations), approved by the 40th session of the United Nations Subcommittee of Experts on the Transport of Dangerous Goods, may be immediately applied in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The amendment changes the UN Model Regulations to the extent that the 450 liter capacity limitation applies only to liquids, other than combination packagings, and packagings containing solids are only subject to the 400 kg net mass limitation provided in Chapter 6. 1.1.1 (c). The codification of this amendment into the HMR will be considered for a future harmonization rulemaking. Until that time, this amendment to the UN Model Regulations cannot be applied to the HMR. However, in accordance with 49 CFR Part 107, an application for a special permit may be submitted, requesting permission to exceed the 450 liter capacity limitation. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. - Vl~' Delmer Billings ~ Senior Regulatory Advisor Standards and Rulemaking Division#

Page 2"BaGieh ~ 11 S .510Lb,)(Ie) Pa.c'kQ~;nj5 Dangerous Goods Transport Consulting, Inc 11- 030'-l 15108 Red Clover Drive Rockville, Maryland 20853 301-929-1668 Cell 301-356-2096 f.wybenga@comcast.net December 12, 2011 Mr. Charles Betts Director, Standards and Rulemaking Division Office of Hazardous materials Safety Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Dear Mr. Betts: This is to seek your guidance on the appropriate treatment of packages for solids, inner packagings and articles when the outer packaging capacity exceeds 450 liters but the net mass is less than 400 kg, specifically whether such packagings may be certified as packagings under the provisions in Subpart L of Part 178. Due to the light weight of some solid substances, inner packagings or articles regulated as hazardous materials, certain packagings used for these hazardous materials exceed a capacity of 450 liters but do not exceed the 400 kg net mass limit. There has been confusion worldwide on interpretation of how volumetric and net mass limits apply in the case of such packagings. After discussion at the 39th and 40th sessions of the UN Subcommittee ofExperts on the Transport of Dangerous Goods, it was decided to amend the text in 6.1.1.1 ofthe UN Model Regulations based on a proposal by Germany (ST/SG/AC.10/C.312011134). It is my understanding that the US delegation to both meetings supported the clarification resulting from this proposal. From the perspective ofthe HMR, the change has the effect of confirming that these packagings may be treated under the provisions of Subpart 1. As a consequence, only the 400 kg net mass limit (for example, as shown in 178.516(b)(6)) need apply to packages for solids, inner packagings and articles, such as UN 4G fiberboard boxes. Significantly, the 450 liter capacity limit would not apply for these packagings.#

Page 3I would appreciate knowing whether this interpretation can be applied immediately with respect to UN packagings certified in accordance with the provisions ofthe HMR. Sincerely, ..4lt°tJp-r Frits Wybenga President Dangerous Goods Transport Consulting, Inc.#