Smithers Pira — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JUL 1 2 2012 Mr. Steve Dely Senior Project Engineer Smithers Pira 6539 Westland Way, Suite 24 Lansing, MI 48917 1200 New Jersey Avenue, SE Washington, D.C. 20590 Ref. No. 12-0098 Dear Mr. Dely: This responds to your April 18, 2012letter requesting clarification on the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180). In your letter, you reference the definition of an inner packaging, package, and receptacle under § 171.8. You note that the definition of"receptacle" states "including any means of closing." Specifically, you ask if the receptacle must include a means of closure, or, does it mean if a receptacle has a means of closure, then that would be considered part of the receptacle. The definition of "receptacle" in § 171.8 indicates that the means of closure is part of the receptacle. In addition, closures are required on packagings, packages, and receptacles as part of the package specification, and function as part of the containment of the hazardous material. Closure instructions are required to be provided with the certified package in accordance with provisions in § 178.2. Closure instructions must include any procedures to be followed including instructions for closing inner packagings and receptacles. I hope this answers your inquiry. If you need additional assistance, please contact this office at (202) 366-8553. Sincerely, Robert Benedict Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2f?Joo%~ ~/7/. 9 ~e-R f1 i+ions IZ -oo qg To: U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-1 0 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 infocntr@dot.gov 800 467 4922 From: Steve Dely Smithers Pira (PIRA) 6539 Westland Way Suite 24 Lansing, Ml 48917 517 322 2400 In writing this letter, Smithers Pira is looking for clarification on whether or not an inner packaging is required to have a closure. 49 CFR §171.8 defines the following: Inner Packaging: a packaging for which an outer packaging is required for transport. It does not include the inner receptacle of a composite packaging. Packaging: a receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packaging requirements of this subchapter. Receptacle: a containment vessel for receiving and holding materials, including any means of closing. The definition of receptade states that it is "including any means of closing". Does that mean that a receptacle must include a means of closure, or does that mean that if a receptacle has a means of closure, then that would be considered part of the receptacle? Sincerely, Steve Dely Senior Project Engineer (517) 322-2400 sdely@smithers.com Smithers Pira I 6539 Westland Way, Suite 24 I Lansing, Ml 48917 I p. 517.322.2400 I www.smitherspira.com#