# UPS — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 13-0094
- **title:** UPS — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2013-06-24
- **effective on:** Not available
- **summary:** 13-0094 response to UPS concerning 173.24a, 173.27.
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- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-13-0094.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-13-0094
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130094.pdf
**body:**

<<<PAGE 1>>>

u.s. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
JUN 2 4 2013
Mr. Samuel Elkind
Corporate Regulated Goods Manager
United Parcel Service
55 Glenlake Parkway, NE
Atlanta, GA 30328-34 74
Ref. No.: 13-0094
Dear Mr. Elkind:
This responds to your May 1, 2013 letter requesting clarification of the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantity packages of
mixed contents. For transportation by aircraft, you ask whether a shipper should use Table 3
in§ 173.27(£)(3), or the provisions in§ 173.24a(c)(l)(iv) when determining the maximum
net quantity of each inner and outer packaging for limited quantity packages of mixed
contents.
As provided in § 173.27(£)(2), when a limited quantity of a hazardous material is packaged
in a combination packaging and is intended for transportation aboard an aircraft, the inner
and outer packagings must conform to the quantity limitations set forth in Table 3. Table 3
provides the maximum net quantity of each inner and outer packaging for materials
authorized for transportation as a limited quantity by aircraft. For mixed contents of limited
quantities by air, the shipper must comply with the maximum authorized net quantity of
each outer package (column 4 of 5 in Table 3) and ensure that the total net quantity does not
exceed the lowest permitted maximum net quantity per package as shown by hazard class or
division for the hazardous materials in the mixed contents package.
However, we do recognize that the intent of Table 3 in§ 173.27(£)(3) as compared to
§ 173 .24a( c )(1 )(iv) may be ambiguous in regard to limited quantity packages of mixed
contents, and may consider revising the text in a future rulemaking.
I hope this satisfies your inquiry. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

<<<PAGE 2>>>

55 Glenlake Parkway, NE
Atlanta, GA 30328-3474
May 1, 2013
Mr. Charles Betts
Director, Hazardous Materials Standards Division
Pipeline and Hazardous Materials Safety Administration
U.S. Department of Transportation
1200 New Jersey A venue, SE
Attn: PHH-1 0 -East Building
Washington, DC 20590
Re: Use of Table 3 of 49 CPR 173.27(±)(3) for Limited Quantity Packages with Mixed
Contents
On behalf of UPS, Inc., I write to request regulatory guidance specific to the determination of the
maximum allowed hazardous materials quantities for air packages containing mixed contents,
which are also prepared under the Limited Quantity provisions (i.e. multiple materials prepared
under Limited Quantities provisions, all packed in one outer package that is to be offered for air
transport).
The involvement of packages prepared under Limited Quantity provisions is important. The
available guidance on mixed contents air shipments appears in § 173 .24a( c)( 1 )(iv ). However, this
requirement points the shipper to Columns 9a and 9b of the § 172.101 Table for maximum
package quantities; the total quantity of hazardous materials contained within a package must not
exceed the most restrictive of the quantities shown in Column 9a or 9b for the materials contained
within the package.
This instruction, however, does not seem to be relevant to the circumstances of a Limited
Quantity air shipment. The maximum package quantities in Columns 9a and 9b are specifically
not applicable for packages prepared under Limited Quantity provisions; rather, the separate inner
and outer package limits associated with packages offered under Limited Quantity provisions are
spelled out in Table 3 of 49 CPR 173.27(£)(3). Additionally,§ 173.27(f)(2)(iii) indicates that "a
completed [Limited Quantity] package may not exceed 30 kg gross weight."
This background leads UPS to believe there may be a gap in the HMR concerning a mixed
contents air shipment prepared under the Limited Quantity provisions. Table 3 of§ 173.27(£)(3)
is normally relevant to both the inner and outer packaging restrictions applicable to Limited
Quantity air shipments. UPS believes that it may also be applicable for shipments of mixed
contents. However, the Table 3 column, "Maximum authorized net quantity for each outer
package" exclusively provides the maximum outer package quantity for the specific hazard class
or division and packing group combination from that row of Table 3. There is no discussion of
circumstances in which the outer package contains more than one type of hazardous material.

<<<PAGE 3>>>

The lack of guidance in this connection has practical consequences, the outcome of which may
not be entirely in accord with PHMSA's intended policy. For example, ifPHMSA's guidance is
to restrict even a Limited Quantity mixed contents air shipment to the most restrictive of the
quantities shown in Column 9a of §172.101, seemingly excessive package sizes may be the
result. Conversely, the allowance of the individual § 173 .27(f)(3) Table 3 inner and outer package
quantities appears to be a reasonable solution, providing a reasonably restricted quantity, while
remaining within the constant gross weight limitation applicable to Limited Quantity packages of
30 kg. The values entered in the following table, showing hypothetical mixed contents air
shipments, highlight some of the extremes of the problem at the heart of our inquiry.
Hypothetical Packages of Mixed Contents, Packed under LTD QTY Provisions
(Column 1) (Column 2) (Column 3) (Column 4) (Column 5) (Column 6)
172.101 Total per
Column 9a 173.27(c)(3) 172.101 Total per Total per
Net Table 3 Net Column 9a 173.27(c)(3) 173.27(c)(3) if
UN Number, Quantity Quantity "most Table 3 "most individually
Packing Group Limit Limit restrictive" restrictive" measured
UN1263 PGIII 60L 10 L 60L 2L 12L
UN3287, PGIII 60L 2L
UN1263, PGII 5L lL 5L lL 2L
UN1090, PGII 5L lL
UN3178, PGIII 25kg lOkg 25kg 5kg 15kg
UN2585, PGIII 25kg 5 kg
As shown above, the mixed contents guidance currently available in the HMR leaves important
questions unanswered where Limited Quantity air shipments are concerned. Reliance on the
current § 173 .24a( c )(1 )(iv) yields unexpectedly large outer package limits that seem unlikely to be
PHMSA's intended result, as shown in Column 4 in the table above. But UPS stresses that if
PHMSA's intention is to guide users to Table 3 of§ 173 .27( c )(3), the text therein currently
appears to be inadequate. A user cannot easily conclude whether a hybrid of the current
§§ 173.24a(c)(l)(iv) and 173.27(c)(3) may apply, whereby the most restrictive outer package limit
from Table 3 is intended (but not stated) to apply, as shown in Column 5 of the above table; or
whether PHMSA intends to allow the assembly of compliant inner packages up to the maximum
outer package limit of Table 3 for each present Class!Division and Packing Group, so long as the
constant 30 kg gr()SS package limit is also satisfied, as shown in Column 6 of the above table.
Accordingly, UPS looks forward to PHMSA's guidance in this matter. Your response will ensure
the accuracy of both our communication to customers and our internal guidance for UPS
processes.
Sincerely,
UJqLIJ Samuel S. Elkind
Corporate Regulated Goods Manager
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