{"operation":"document","citation":"12-0152","title":"Curran International — 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":"12-0152 response to Curran International concerning 173.173.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0152.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0152.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0152","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120152.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\nMr. Chris Gomez\nCurran International\n3610 Vicksburg Lane\nDickinson, Texas 77539\nRef. No. 12-0152\nDear Mr. Gomez:\nThis responds to your July 10, 2012letter requesting clarification of the packaging\nprovisions for \"UN 3066, Paint Related Material, 8, III\" under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you describe a shipment of \"UN\n3066, Paint Related Material, 8, III\" composed of a hardener and a base and ask if these two\npackaging configurations comply with the HMR.\nIn your incoming letter, you describe the following two packaging configurations:\nPackaging Configuration 1: The hardener comes in a one quarter kit, is locked with three lid\nlocks, positioned inside a clear plastic bag, inserted in a Uline S-7449 box designed to\ncontain one quart round openhead metal can with friction lids and armlok closures. This\nbox is then sealed with clear packing tape 3M tape. The base comes in a three quarter kit\nnon-hazardous material, is inserted in a clear plastic bag.\nPackaging Configuration 2: Two hardeners and two bases are placed in the 4 gallon fiberS-\n7372 box. The void space is filled with bubble wrap, which is wrapped all around top and\nbottom of the hardener and the base edges. The fiber box is then closed and sealed with a\nclear packing tape 3M tape. The gross mass of the package does not exceed that originally\ntested.\nIn accordance with § 173.173, \"UN 3066, Paint Related Material, 8, III\" may be packaged in\nauthorized packages listed in§ 173.203. In addition, \"UN 3066, Paint Related Material, 8,\nIII\" may be packaged in inner glass packaging of not over 1 L (0.3 gallons) capacity each or\ninner metal packaging of not over 5 L (1 gallon) each, packaged in a strong outer packaging.\nThese packages must conform to the packaging requirements of subpart B of this part but\nneed not conform to the requirements of part 178 of this subchapter.\nA member of our staff has contacted you both by telephone and by email requesting\nclarification and additional information regarding your packaging configurations. We have\nnot received a response to our request for clarification and additional information. Based on\n\n<<<PAGE 2>>>\n\nyour letter and description of the packaging configurations, insufficient information has\nbeen provided, so we cannot formulate an opinion. Specifically, no drawings or diagrams\nhave been submitted and the descriptions of your packaging configurations are unclear.\nI hope this answers your inquiry.· If you need additional assistance, please contact this office\nat (202) 366-8553.\nSincerely,\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n~cd-h~\n~173./13\n{? 1'12-. !Of\nPCl\\ n+ RetA-+-eJ ~a tert'afts\nApplying coating solutions\n10 July, 2012\nF ormalletter of interpretation\nCurran International has a unique way of packing its hazardous material un 3066 Paint Related Material.\nUsing two types of boxes provided by ULINE, as follow:\nThe hardener comes in a 1 quarter Kit , is locked with three lids locks, position inside of a clear plastic bag, inserted in a\nUline box S-7449 special designed for one quart round openhead metal can with friction lids and armlok closures and sealed\nwith clear packing tape 3M Tape.\nThe base comes in a three quarter Kit non Hazardous Material, is inserted in a clear plastic bag.\nTwo Hardeners and two Bases are place in the (4) 1 gallon Fiber box S-7372; Filling the void is the bubble wrap, that is\nwrapped al around top and bottom of the hardener and the base edges, then closing the arms and tops of the Fiber box,\nsealing it with a clear packing tape 3M Tape.\nThe gross mass of the package does not exceed that originally tested.\nAttached to the letter is the certification for the Fiber boxes S-7449 -S-7372 and the MSDS for the plastic bag, use by Curran\nInternational for the packaging of Hazardous Material un 3066.\nThank you for your interpretation.\nChris Gomez\nPH: 281-339-9993\nFAX: 281-229-9994\ncgomez@curranintl.com\nwww.curanintl.com\n4610 Vicksburg Lane • Dickinson, Tx 77539 • Phone: 281 339 9993 • Fax 281 339 9994\nwww.Curranintl.com\n\n<<<PAGE 4>>>\n\nULINE'··\n2200 S. lakeside Drive\nWaukegan, ll 60085\nPHONE (800)295-5510\nFAX (800)295-5571\nwww.uline.com\nProduct: Gusseted Poly Bags\nTo Whom It May Concern:\nIn response to your request for a Material Safety Data Sheet (MSDS) please be advised\nthat this product is not regulated under, and a MSDS is not required for this product by\nthe OSHA Hazard Communication Standard (29 CFR 1910.1200) because, when used\nas recommended or under ordinary conditions, it should not present a health and safety\nhazard. However, use or processing of the product not in accordance with the product's\nrecommendations or not under ordinary conditions may affect the performance of the\nproduct and may present potential health and safety hazards.\n\n<<<PAGE 5>>>\n\nULINE\"'\n12575 Uline Drive\nPleasant Prairie, WI 53158\nPHONE (800)295-551 0\nFAX (800)295-5571\nwww.uline.com\nProduct: All 3M Tape\nTo Whom It May Concern:\nIn response to your request for a Material Safety Data Sheet (MSDS) please be\ninformed that an MSDS is not required, by law, for this product, pursuant to Occupational\nHealth and Safety Administration regulations. Specifically, section 29 CFR 1910.1200\n(b) (6) (iv) indicates that \"articles\" are not applicable to the Hazard Communication\nsection (1910.1200) of the OSHA regulation.\nOSHA's Definition Of An \"Article\" (From 29 CFR 1910.1200)\n\" .. .'Article' means a manufactured item: (i) which is formed to a specific\nshape or design during manufacture; (ii) which has an end use function(s}\ndependent in whole or in part upon its shape or design during end use;\nand (iii) which does not release, or otherwise result in exposure to, a\nhazardous chemical under normal conditions of use.\"\nThis product, when used as recommended or under any ordinary conditions, should not\npresent a health and safety hazard. However, use or processing of this product not in\naccordance with the product's recommendations or not under ordinary conditions may\naffect the performance of the product and may present potential health and safety\nhazards.","truncated":false,"body_characters":6308}