{"operation":"document","citation":"12-0172","title":"Detector Electronics Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-10-18","effective_on":null,"summary":"12-0172 response to Detector Electronics Corporation concerning 173.25, 173.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0172.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0172.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0172","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120172.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashmgton. DC 20590\nOCT 1 8 2012\nMr. Lee R. Zwiefelhofer\nSenior Logistics/Hazmat Specialist\nDetector Electronics Corporation\n6901 West llOth St.\nMinneapolis, MN 55438\nReference No.: 12-0172\nDear Mr. Zwiefelhofer:\nThis is in response to your August 08, 2012 e-mail requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You present several\nscenarios, and ask numerous questions pertaining to package makings and about HMR\ndefinitions. Your scenarios and questions are paraphrased and answered as follows:\nScenario 1: You state that shipments of Compressed Gases, N.O.S., UN 1956 in DOT-39\ncylinders are required to be packaged in strong, non-bulk outer packagings with a marking\nof \"Inner packagings confom1 to the prescribed specifications\" in accordance with\n§ 173.30l(a)(9). The outer packaging would also include the proper shipping name, UN\nnumber, a Class 2.2 hazard label, consignee and consignor address markings, and a \"Net\nQty xx kg\" marking for air shipments. You further state that§ l73.25(a)(4) requires\noverpacks to be marked with the word \"OVERPACK\" when specification packagings are\nrequired, unless specification markings on the inside packages are visible.\nQl. If DOT-39 cylinders are packaged and marked as described in Example 1 above, and\nthen are either palletized or placed into another non-specification outer box for\nconsolidation purposes with inner package markings not visible, is an \"OVERPACK''\nmarking required on the enclosure that is being used to consolidate the strong non-bulk\nouter packagings that are not a specification packaging? Does it make any difference that\nthe inner receptacle in the outer non-specification packaging is a DOT -39 specification\ncylinder? Under§ 173.301(a)(9), it does state that this configuration is a combination\npackaging. My interpretation is that an \"OVERPACK\" marking would not be required as\nthis is a combination packaging that uses a non-specification \"strong non-bulk outer\npackaging.\"\nAl. Your understanding of the requirement for marking the word \"OVERPACK\" on an\noverpacked DOT -39 cylinder package is incorrect. Section 173.25(a)( 4) requires the\nmarking of the word \"OVERPACK\" when specification packagings are required. You are\ncorrect that a DOT-39 cylinder correctly packaged in accordance with§ 173.301(a)(9) is a\n\n<<<PAGE 2>>>\n\ncombination package. However, because the cylinder itself is a specification package, the\n\"OVERPACK\" marking is required when overpacked.\n02. If an \"OVERPACK\" marking is not required, would the overpack be required to have\nthe \"Im1er packagings conform to the prescribed specifications\" marking be placed on it to\ncomply with §§ 173.25(a)(2) and 173.301(a)(9)?\nA2. See A3.\nQ3. If an \"OVERPACK\" marking is required, would the overpack be required to have the\n\"Inner packagings conform to the prescribed specifications\" marking placed on it to\ncomply with §§ 173.25(a)(2) and 173.30l(a)(9)?\nA3. The answer is no. There is no requirement to carry over the \"inner packagings\nconform to the prescribed specifications\" marking in§ 173.30l(a)(9).\nScenario 2: Shipments of UN2911, Radioactive Material, Excepted Package - Article, per\nrequirements in §§ 173.424 and 173.422, are required to be contained in an outer package\n(non-specification) for shipment and marked with \"UN2911\" under CFR 49, and have the\nRadioactive Material, Excepted Package red hatched label and permissible gross weight\nlabel for air shipments under the International Air Transport Association (lATA) or\nInternational Civil Aviation Organization (ICAO), along with the consignor and consignee\naddress markings.\nQ4. If UN2911 material that is packaged in an outer package (non-specification) is then\nplaced into an overpack where the inner box markings are not visible, would an\n\"OVERPACK\" marking have to be placed on the box or pallet load being used for\nconsolidation purposes, or would only the markings applied to the outer non-specification\nouter packaging be applied to the pallet or box being used for consolidation purposes?\nA4. As your package contains no specification packaging, no \"OVERPACK\" marking is\nrequired by§ 173.25.\nScenario 3: You state that as specified in§ 171.8, the definition of a non-bulk packaging\nfor a solid is a maximum net mass of 882 lbs or less and a maximum capacity of 450 L\n(119 gallons) or less as a receptacle for a solid.\nQ5. Do combination packagings that contain inner packagings with solids, liquids or gases\nfall under the category of solids under the non-bulk packaging definition?\nAS. The answer is no. The physical state of the commodity being shipped should be used\nin making a bulk or non-bulk determination.\nQ6. Is the maximum package size for a non-bulk packaging for solids defined by the\nvolume of the 119 gallon capacity? By my calculations that equates to 15.9 cubic\nfeet. Under the non-bulk definition for solids (combination packagings) are you then\nlimited to 882lbs and 15.9 cubic feet per package to comply with this definition? If not,\n\n<<<PAGE 3>>>\n\nwhat purpose does the 119 gallon reference have for non-bulk solid packagings (including\ncombination packagings)?\nA6. Section 171.8 defines a non-bulk packaging, as a receptacle for a solid, as a packaging\nwhich has a maximum net mass of 400 kg (882 pounds) or less and a maximum capacity of\n450 L (119 gallons). In order to meet the definition of a non-bulk packaging, a receptacle\nfor a solid must have both a maximum net mass of 400 kg (882 pounds) or less and a\nmaximum capacity of 450 L (119 gallons).\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nDelmer Billings\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nprakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nThursday, August 09, 2012 3:08PM\nDrakeford, Carolyn (PHMSA)\nFW: Requesting Formal Letter of Interpretation\n~~-- 117\nCarolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Zwiefelhofer, Lee R CCS [mailto:Lee.Zwiefelhofer@det-tronics.com]\nSent: Wednesday, August 08, 2012 5:04 PM\nTo: INFOCNTR(PHMSA)\nSubject: Requesting Formal Letter of Interpretation\nDear Sir or Madam:\nDetector Electronics Corporation is requesting a formal Letter of Interpretation on paragraphs 173.25,\nAuthorized packagings and overpacks and on 171.8 Definitions and abbreviations for Non-bulk\npackaging. Please review the background information below for each of the paragraphs and provide answers\nto the questions that follow each example.\nBackground:\nUnder 173.25(a)(4), it states 'The overpack is marked with the word \"OVERPACK\" when specification\npackagings are required, unless specification markings on the inside packages are visible.\nExample 1: Shipments of Compressed Gases, N.O.S., UN1956 in DOT-39 NRC Cylinders are required to be\npackaged in strong non-bulk outer packagings with a marking of \"Inner packagings conform to the prescribed\nspecifications\" in accordance with 173.301 (a)(9). The outer packaging would also include the proper shipping\nname, UN number, a Class 2.2 hazard label, consignee and consignor address markings and a \"Net Qty xx kg\"\nmarking for air shipments.\n• Question 1: If DOT-39 Cylinders are packaged and marked as described in Example 1 above, and\nthen are either palletized or placed into another non-specification outer box for consolidation purposes\nwith inner package markings not visible, is an \"OVERPACK\" marking required on the enclosure that is\nbeing used to consolidate the strong non-bulk outer packagings that are not a specification\npackaging? Does it make any difference that the inner receptacle in the outer non-specification\npackaging is a DOT-39 specification cylinder? Under 173.301 (a)(9), it does state that this configuration\nis a combination packaging. My interpretation is that an \"OVERPACK\" marking would not be required\nas this is a combination packaging that uses a non-specification \"strong non-bulk outer packaging\".\n• Question 2: If an \"OVERPACK\" marking is not required, would the overpack be required to have the\n\"Inner packagings conform to the prescribed specifications\" marking be placed on it to comply with\n173.25(a)(2) and 173.301 (a)(9)?\n• Question 3: If an \"OVERPACK\" marking is required, would the overpack be required to have the\n\"Inner packagings conform to the prescribed specifications\" marking be placed on it to comply with\n173.25(a)(2) and 173.301 (a)(9)?\n1\n\n<<<PAGE 5>>>\n\nExample 2: Shipments of UN2911, Radioactive Material, Excepted Package- Article, per requirements in\n.173.424 and 173-422, are required to be contained in an outer package (non-specification) for shipment and\nmarked with \"UN2911\" under CFR 49, and have the Radioactive Material, Excepted Package red hatched label\nand permissible gross weight label for air shipments under IATAIICAO, along with the consignor and\nconsignee address markings.\n• Question 1: If UN2911 material that is packaged in an outer package (non-specification) is then\nplaced into an overpack where the inner box markings are not visible, would an \"OVERPACK\" marking\nhave to be placed on the box or pallet load being used for consolidation purposes, or would only the\nmarkings applied to the outer non-specification outer packaging be applied to the pallet or box being\nused for consolidation purposes?\nBackground:\nUnder paragraph 171.8, the definition of a non-bulk packaging for a solid is 882 lbs or less and a maximum\ncapacity of 450 L (119 gallons) or less as a receptacle for a solid.\n• Question 1: Do combination packagings that contain inner packagings with solids, liquids or gases fall\nunder the category of solids under the non-bulk packaging definition?\n• Question 2: Is the maximum package size for a non-bulk packaging solid defined by the volume of the\n119 gallon capacity? By my calculations that equates to 15.9 cubic feet. Under the non-bulk definition\nfor solids (combination packagings) are you then limited to 882 lbs and 15.9 cubic feet per package to\ncomply with this definition? If not, what purpose does the 119 gallon reference have for non-bulk solid\npackagings (including combination packagings)?\nThank you for your assistance in this matter.\nRegards,\nLee R. Zwiefelhofer\nSenior Logistics/HazMat Specialist\nDetector Electronics Corporation\n6901 West 11 Oth Street\nMinneapolis, MN 55438\nPhone Direct: 952-946-6467\nFax: 952-829-8750\nlee.zwiefelhofer@det-tronics.com\n2","truncated":false,"body_characters":10557}