Berlin Packaging — Hazardous Materials Safety Interpretation

Page 1Berlin Packaging, Dangerous Goods Division 1195 Washington Pike Bridgeville, PA 15017 Reference No. 17-0013 Dear Mr. Lindsey: This letter is in response to your February 1, 2017, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to certain packaging requirements for nitric acid. You reference § 173.158(e), which states that when nitric acid of' less than 90 percent concentration is packed in wooden or fiberboard outer packagings, the glass inner packagings must be packed in tightly-closed, intermediate packagings and cushioned with an absorbent material. Specifically, you ask if the intent of this section is to require enough absorbent material to absorb the entire contents of the package. The answer is yes. The requirement for absorbent material is such that there must be a sufficient amount to absorb the entire liquid contents of the package. This is consistent with similar requirements in other sections of the HMR. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Please submit this as a letter in interpretation. Please let me know if you have any questions. Thanks, Jordan From: Gary Lindsey - Dangerous Goods [mailto:Gary.Lindsey@berlinpackaging.com] Sent: Wednesday, February 01, 2017 12:23 PM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Subject: 49 CFR 173.158 (e) Hello, Attached please find a letter with my question. If additional information is needed, please contact me at the phone number below. Regards, Gary Lindsey Berlin Packaging, Dangerous Goods Division 1195 Washington Pike Bridgeville, PA 15017 412-564-2461 gary.lindsey@berinpackaging.com#

Page 3Washington, DC 20590-0001 RE: Question regarding absorbent - 173.158 (e) (e) Nitric acid of less than 90 percent concentration, when offered for transportation or transported by rail, highway, or water may be packaged in 4A, 4B, or 4N metal boxes, 4G fiberboard boxes or 4C1, 4C2, 4D or 4F wooden boxes with inside glass packagings of not over 2.5 L (0.66 gallon) capacity each. When placed in wooden or fiberboard outer packagings, the glass inner packagings must be packed in tightly-closed, intermediate packagings, cushioned with an absorbent material. The intermediate packaging and absorbent material must be compatible with the nitric acid. See §173.24(e). My question relates to the highlighted section, and very simply, is the intent of the use of absorbent material to mean that enough absorbent is required to absorb the entire liquid content of the glass bottles within the package? Thank you for clarification of this matter. Regards, Gary Lindsey Berlin Packaging, Dangerous Goods Division 1195 Washington Pike Bridgeville, PA 15017 412-564-2461 gary.lindsey@berinpackaging.com#