Sigma-Aldrich — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 OCT 2 4 /U)3 Ms. Leigh Davidson Regulatory Affairs Attorney Sigma-Aldrich 545 South Ewing A venue St. Louis, MO 63103 Reference No.: 13-0175 Dear Ms. Davidson: This is in response to your August 23, 2013 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask several questions pertaining to metal receptacles when used as an inner receptacle in a combination packaging. Your questions are paraphrased and answered as follows: Q 1. What are the requirements for a container to be acceptable as a metal receptacle when used as an inner packaging in a combination packaging? A 1. Both the inner packaging and the completed combination packaging must comply with the general packaging requirements in§§ 173.24 and 173.24a as applicable. If offered for air transportation, the package must also comply with the requirements of§ 173.27. Q2. May a DOT specification cylinder be used as an inner metal receptacle of a UN tested combination packaging provided a metal receptacle is authorized as an itmer packaging in Part 173? A2. The answer is yes. A DOT specification cylinder may be used as an inner receptacle of a combination packaging provided the outer packaging has been successfully tested with the DOT specification cylinder or similar packaging as an itmer receptacle. Q3. May a non-DOT specification cylinder (i.e., one that has no specification marking, is beyond its requalification date, or approved by a foreign authority) be used as an inner metal receptacle of a UN tested combination packaging provided a metal receptacle is authorized as an inner packaging in Part 173 when transported in the United States? A3. The answer is yes. A non-DOT specification cylinder may be used as an inner receptacle of a combination packaging provided the outer packaging has been successfully tested with the non-DOT specification cylinder or similar packaging as an inner receptacle.#

Page 2In additipn, a cylinder that is marked to certify that it conforms to the requirements of Part 178 must be maintained in accordance with applicable specification requirements in the HMR whether or not it contains a hazardous material. If the owner of the DOT specification cylinder wishes to continue to use the cylinder but does not wish to re-qualify the cylinder, the owner must obliterate or cover any specification markings whether or not it is being used to transport hazardous materials in commerce. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Duane A. Pfund International Standards Coordinat r Standards and Rulemaking Division#

Page 3Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: INFOCNTR (PHMSA) Friday, August 23, 2013 11:00 AM Drakeford, Carolyn (PHMSA) FW: Request for Letter of Interpretation ~finders l ~-b}1b Hi Carolyn, This interp letter request asks about International v. DOT regulations, probably best for a PHH-13 staff. Thanks, HMIC From: Leigh Davidson [mailto:Leigh.Davidson@sial.com) Sent: Friday, August23, 2013 10:37 AM To: INFOCNTR (PHMSA) Subject: Request for Letter oflnterpretation To: From: Date: Re: U.S. Department of Transportation (DOT) Sigma-Aldrich Corporation August 23, 2013 Request for a Letter of Interpretation I submit this request per the guidance in 49 CFR 105.20. I have three questions. I understand the DOT has adopted the UN model regulations provisions for non-bulk packaging, especially as it pertains to the combination package provisions. These provisions allow for packages to be constructed using a "metal bottle" as the inner packaging. My questions are: 1. What are the requirements for a container to be acceptable as a "metal bottle"? 2. Could a DOT Spec cylinder be utilized as a metal bottle in a POP-tested combination package in transportation in the U.S. (assuming that a metal bottle packaging is allowed)? 3. Could a non-DOT Spec cylinder (one that has no specification stamping, one that had expired or one that was approved from a different country) be utilized as a metal bottle in a POP-tested combination package in transportation in the U.S. (assuming that a metal bottle packaging is allowed)? I would greatly appreciate your response on this matter. Please email me a response. I thank you in advance for your cooperation. If you have any questions about this request, please contact me. Sincerely, Leigh Davidson 1#

Page 4Leigh Davidson I Regulatory Affairs Attorney Law Department 545 South Ewing I Saint Louis, MO, 631031 USA Cell: (314) 910-23871 Direct: (314) 286-74161nternal: 6-314-3302 §ill'll?.:Eicffif.!J. com This message and any files transmitted with it are the property of Sigma-Aldrich Corporation, are confidential, and are intended solely for the use of the person or entity to whom this e-mail is addressed. If you are not one of the named recipient(s) or otherwise have reason to believe that you have received this message in error, please contact the sender and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. 2#