Hazardous Materials Consultant — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Pipeline and Hazardous Materials Washington, DC 20590 Safety Administration MAY 0 5 2015 Mr. Mark B. Hawk Hazardous Materials Consultant 49 Palisades Parkway Oak Ridge, TN 37830 Reference No. 15-0038 Dear Mr. Hawk: This is in response to your July 16, 2014 e-mail and attached letter, forwarded to the Standards and Rulemaking Division on February 25, 2015, requesting clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) concerning use of a Department of Transportation (DOT) Specification 7A, Type A container with a package mass less than the qualified package mass of the container. We have paraphrased your questions and answered them in the order you provided. Q1. Can a DOT Specification 7A, Type A container that has been qualified to a package mass equal to or greater than 5,000 kilograms (11,000 pounds) but less than 10,000 kilograms (22,000 pounds) be used for a shipment having a package mass less than 5,000 kilograms (11,000 pounds) without any additional testing or demonstration of compliance per § 173.461? A1. The answer is no. The package described in your scenario cannot be used without additional testing or demonstration of compliance. The Type A packaging tests specified in § 173.465 require a free drop distance of 0.9 meters (3 feet) for packages with a mass between 5,000 and 10,000 kilograms; for packages under 5,000 kilograms, the free drop distance specified in § 173.465 is 1.2 meters (4 feet). Thus, a package which has been qualified for the greater mass (and lower drop distance) would need to be re-qualified for the lesser mass (and higher drop distance) per the requirements in § 173.465. The impacts of any other changes in the properties of the contents would also need to be assessed against the requirements of § 173.465. Q2. If any additional demonstration of compliance is required, please specify what testing and/or documentation is required.#

Page 2A2. Testing, or other demonstration of compliance in accordance with § 173.461, must be done to show the package meets the requirements of § 173.465. The testing or other demonstration of compliance must be documented in accordance with the requirements of § 173.415(a). I hope this satisfies your request. Sincerely, AlenFoster T. Gienn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 3edmonson Goodall, Shante CTR (PHMSA) 173.461 From: Ciccarone, Michael CTR (PHMSA) rackagung Requirement Sent: Wednesday, February 25, 2015 4:54 PM To: 15-5038 Subject: Hazmat Interps FW: Request for Clarification Attachments: DOT Request for Clarification July 16, 2014 pdf Shante/Alice, Please submit this for a formal letter of interpretation. Thanks, Mike From: hawkn14@gmail.com [mailto:hawkn14@gmail.com] To: infocntr@dot.gov Sent: Wednesday, July 16, 2014 8:24 PM Subject: Request for Clarification Dear Sir/Madam: Attached is a request for clarification concerning the use of a DOT Specification 7A, Type A container. If you have any questions concerning this request, please contact me. Thank you! Mark Hawk Hazardous Materials Consultant 865-250-3300#

Page 4July 16, 2014 Office of Hazardous Materials Standards, Pipeline and Hażardous Materials Safety Administration Attn: PHH-10 U.S. Department of Transportation East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Subject: Clarification of Type A Packaging Requirements Dear Sir/Madam: A clarification is requested concerning the use of a DOT Specification 7A, Type A container with a package mass less than the certified package mass of the container. More specifically, can a DOT Specification 7A, Type A container that has been qualified to a package mass equal to or greater than 5000 kilograms (11,000 pounds) but less than 10,000 kilograms (22,000 pounds) be used for a shipment having a package mass less than 5000 kilograms (11,000 pounds) without any additional testing or demonstration of compliance per 49 CFR 173.461? If any additional demonstration of compliance is required, please specify what testing and/or documentation is required. Thank you in advance for your prompt consideration of this request. If you require additional information, please contact me at (865)250-3300, or by e-mail. Sincerely, Mark Hank Mark B. Hawk Hazardous Materials Consultant 49 Palisades Parkway Oak Ridge, TN 37830 865-250-3300 hawkn14@gmail.com#