{"operation":"document","citation":"13-0175","title":"Sigma-Aldrich — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-10-24","effective_on":null,"summary":"13-0175 response to Sigma-Aldrich concerning 173.24, 173.24a.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0175.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0175.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0175","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130175.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\nOCT 2 4 /U)3\nMs. Leigh Davidson\nRegulatory Affairs Attorney\nSigma-Aldrich\n545 South Ewing A venue\nSt. Louis, MO 63103\nReference No.: 13-0175\nDear Ms. Davidson:\nThis is in response to your August 23, 2013 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). You ask several questions pertaining\nto metal receptacles when used as an inner receptacle in a combination packaging.\nYour questions are paraphrased and answered as follows:\nQ 1. What are the requirements for a container to be acceptable as a metal receptacle when\nused as an inner packaging in a combination packaging?\nA 1. Both the inner packaging and the completed combination packaging must comply with\nthe general packaging requirements in§§ 173.24 and 173.24a as applicable. If offered for air\ntransportation, the package must also comply with the requirements of§ 173.27.\nQ2. May a DOT specification cylinder be used as an inner metal receptacle of a UN tested\ncombination packaging provided a metal receptacle is authorized as an itmer packaging in\nPart 173?\nA2. The answer is yes. A DOT specification cylinder may be used as an inner receptacle of\na combination packaging provided the outer packaging has been successfully tested with the\nDOT specification cylinder or similar packaging as an itmer receptacle.\nQ3. May a non-DOT specification cylinder (i.e., one that has no specification marking, is\nbeyond its requalification date, or approved by a foreign authority) be used as an inner metal\nreceptacle of a UN tested combination packaging provided a metal receptacle is authorized\nas an inner packaging in Part 173 when transported in the United States?\nA3. The answer is yes. A non-DOT specification cylinder may be used as an inner\nreceptacle of a combination packaging provided the outer packaging has been successfully\ntested with the non-DOT specification cylinder or similar packaging as an inner receptacle.\n\n<<<PAGE 2>>>\n\nIn additipn, a cylinder that is marked to certify that it conforms to the requirements of Part\n178 must be maintained in accordance with applicable specification requirements in the\nHMR whether or not it contains a hazardous material. If the owner of the DOT specification\ncylinder wishes to continue to use the cylinder but does not wish to re-qualify the cylinder,\nthe owner must obliterate or cover any specification markings whether or not it is being used\nto transport hazardous materials in commerce.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nDuane A. Pfund\nInternational Standards Coordinat r\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nFriday, August 23, 2013 11:00 AM\nDrakeford, Carolyn (PHMSA)\nFW: Request for Letter of Interpretation\n~finders\nl ~-b}1b\nHi Carolyn,\nThis interp letter request asks about International v. DOT regulations, probably best for a PHH-13 staff.\nThanks,\nHMIC\nFrom: Leigh Davidson [mailto:Leigh.Davidson@sial.com)\nSent: Friday, August23, 2013 10:37 AM\nTo: INFOCNTR (PHMSA)\nSubject: Request for Letter oflnterpretation\nTo:\nFrom:\nDate:\nRe:\nU.S. Department of Transportation (DOT)\nSigma-Aldrich Corporation\nAugust 23, 2013\nRequest for a Letter of Interpretation\nI submit this request per the guidance in 49 CFR 105.20. I have three questions. I understand the DOT has adopted the UN model\nregulations provisions for non-bulk packaging, especially as it pertains to the combination package provisions. These provisions allow\nfor packages to be constructed using a \"metal bottle\" as the inner packaging.\nMy questions are:\n1. What are the requirements for a container to be acceptable as a \"metal bottle\"?\n2. Could a DOT Spec cylinder be utilized as a metal bottle in a POP-tested combination package in transportation in the\nU.S. (assuming that a metal bottle packaging is allowed)?\n3. Could a non-DOT Spec cylinder (one that has no specification stamping, one that had expired or one that was\napproved from a different country) be utilized as a metal bottle in a POP-tested combination package in transportation in the U.S.\n(assuming that a metal bottle packaging is allowed)?\nI would greatly appreciate your response on this matter. Please email me a response. I thank you in advance for your cooperation. If\nyou have any questions about this request, please contact me.\nSincerely,\nLeigh Davidson\n1\n\n<<<PAGE 4>>>\n\nLeigh Davidson I Regulatory Affairs Attorney\nLaw Department\n545 South Ewing I Saint Louis, MO, 631031 USA\nCell: (314) 910-23871 Direct: (314) 286-74161nternal: 6-314-3302\n§ill'll?.:Eicffif.!J. com\nThis message and any files transmitted with it are the property of Sigma-Aldrich Corporation, are confidential,\nand are intended solely for the use of the person or entity to whom this e-mail is addressed. If you are not one of\nthe named recipient(s) or otherwise have reason to believe that you have received this message in error, please\ncontact the sender and delete this message immediately from your computer. Any other use, retention,\ndissemination, forwarding, printing, or copying of this e-mail is strictly prohibited.\n2","truncated":false,"body_characters":5306}