{"operation":"document","citation":"12-0116","title":"The Valspar Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-11-19","effective_on":null,"summary":"12-0116 response to The Valspar Corporation concerning 171.8, 173.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0116.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0116.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0116","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120116.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\nNOV 1 9 2012\nMr. Eric Barcaskey\nThe Valspar Corporation\nP.O. Box 1461\nMinneapolis, MN 55440\nRef. No. 12-0116\nDear Mr. Barcaskey:\nThis responds to your May 18, 20 12 email requesting clarification of the overpack\nrequirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180 ).\nIn your email, you describe a shipping configuration of four 55-gallon drums placed on a\npallet and banded together by a single % inch wide band in the upper third of the drums\nbut\" not secured to the pallet. The drums are banded for purposes of warehouse and dock\nsafety and en route securement. The preferred manner of orientation of the drums on the\npallet causes the UN specification markings on the sides of the drums to face inward. You\nindicate, however, that these markings are clearly visible looking downward in between\nthe drums without having to handle the drums. Based on this description of the shipping\nconfiguration, your questions are paraphrased and answered as follows:\nQ 1. Is the shipping configuration of four drums on a pallet and banded together (but\nnot to the pallet) considered an overpack?\nA 1. The answer is yes. An overpack is defined in § 1 71.8 as an enclosure that is used\nby a single consignor to provide protection or convenience in handling of a package or\nto consolidate two or more packages. It is our opinion that the shipping configuration\nyou describe constitutes an overpack.\nQ2. What if the% inch wide band is removed from the drums?\nA2. Specific to the shipping configuration you describe, if the banding is removed, it is\nour opinion that the shipping configuration is no longer considered an overpack as\ndefined by § 1 71.8 because the banding served as the means to consolidate and secure\nthe drums placed on the pallet. In light of the questions you presented we plan to\nreview the definition of overpack for opportunities to further clarify the intended\nmeaning of an overpack.\nQ3. What if either or both of the shipping configurations are an overpack, where is the\nrequired \"OVERPACK\" marking best located? ·\n\n<<<PAGE 2>>>\n\nA3. Section 173.25(a)(4) requires the overpack to be marked with the word\n\"OVERPACK\" when specification packagings are required, unless specification\nmarkings on the packages are visible. Based on your description, we consider the UN\nspecification markings on the drums to be visible and thus, the \"OVERPACK\" marking\nis not required.\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nz:::~Jkr\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n; lj\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nMonday, May 21,2012 10:18 AM\nDrakeford, Carolyn (PHMSA)\nFW: Request for Interpretation -Overpack\nWe received the following request for a formal letter of\nVictoria\nFrom: BARCASKEY, ERIC [mailto:ebarcaskey@valspar.com]\nSent: Friday, May 18, 2012 5:26 PM\nTo: INFOCNTR (PHMSA)\nSubject: Request for Interpretation - Overpack\nTo: PHMSA OHMS Standards Administration\nReference regulations: 49CFR §173.25 (4), §171.8 (Overpack), §178.503 (10)\nWe have been recently advised that one method we use for delivering 55-gallon drums has created an Overpack\nsituation and request a letter of interpretation to clarify this, and future related instances. I apologize in advance for\nhaving to describe this in writing, as available photos contain some proprietary information.\nOne of our customers prefers to receive their shipments of drums on pallets (four drums to a pallet), with the larger (2\")\nbung oriented toward the center of the pallet. Our drum supplier duplicates the required, durable UN Specification\nmarking per 49CFR §178.503 (10) on the side surface of the drum toward the bottom, oriented below the larger\nbung. This results in these markings being oriented toward the center of the pallet, but are clearly visible looking\ndownward through the center of the four drums, without handling the drums.\nFor the purposes of warehouse and dock handling safety and en-route securement, and not necessarily for convenience\nof handling in transport, we orient the four drums on a pallet at the fill station and then band them with a single 3/8\"\nwide band at the upper 1/3 of the drum after filling. The drums are not attached to the pallet and are secured in\ntransport due to unitizing in groups of four. The entire load is secured at the rear oft he trailer with strapping, tied owns\nor other suitable means.\n1. 2. 3. Does the method described above necessarily meet the definition of an Overpack?\nIf we avoid the banding (or remove it before shipping), does this group of drums (not attached to the pallet),\nmeet the definition of an Overpack?\nIf the banded drums are considered an Overpack, where would the \"OVERPACK\" marking be best\nlocated? (Would it be misleading or incorrect to place it on the drum surface?)\nThank you in advance for your clarification and guidance.\nEric Barcaskey\nManager, Corporate Hazmat Transport Safety\nThe Valspar Corporation\nMinneapolis, MN\np +1 (612) 851-7930\n1\n\n<<<PAGE 4>>>\n\nMail: PO Box 1461 Zip 55440\nPackage: 114 8th St. South Zip 55402\nThis transmission may contain confidential or privileged information; unauthorized use is prohibited.\nTransactions are subject to the terms found at http://'N'lvw.coatings.com/notice.jsp\n2\n~-~----~-----\n----~---~-----~--- ---------~~-- -~~~~","truncated":false,"body_characters":5536}