Mr. Richard Lloyd — Hazardous Materials Safety Interpretation

Page 1Richard J. Lloyd 31 Bastian Lane Allentown, PA 18104 Reference No. 17-0015 Dear Mr. Lloyd: This letter is in response to your February 2, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging for nitric acid of less than 90 percent concentration. Specifically, you describe your packaging configuration and ask if it meets the packaging requirements of § 173.158(e). You describe in your email the following packaging configuration: • The packaging is comprised of six 2.5L glass bottles placed between partitions and packed with absorbent padding to provide extra cushioning. • This configuration is then placed in a 4 mil plastic bag and tied. • The bag and intermediate packaging is then placed inside a 4G fiberboard box, and before the outer package is closed, additional Styrofoam padding is placed on top of the bottles. • The materials in this packaging configuration are non-reactive to the nitric acid. Section 173.158(e) outlines a packaging authorization for nitric acid of less than 90 percent concentration when offered for transportation or transported by rail, highway, or water in 4A, 4B, or 4N metal boxes, 4G fiberboard boxes, or 4C1, 4C2, 4D, or 4F wooden boxes with inside glass packagings not over 2.5 L (0.66 gallon) capacity each. When packaged in wooden or fiberboard outer packagings, the glass inner packagings must be packed in tightly-closed, intermediate packaging, cushioned with an absorbent material. The intermediate packaging and absorbent material must be compatible with the nitric acid.#

Page 2Sincerely, Chief, Standards Development Standards and Rulemaking Division#

Page 3Please submit this as a letter of interpretation. Please let me know if you have any questions. Thanks, Jordan From: Richard Lloyd [mailto:dickchar@rcn.com] Sent: Thursday, February 02, 2017 3:01 PM To: INFOCNTR (PHMSA) < INFOCNTR. INFOCNTR@dot.gov> Subject: Interpretation Request -Packaging for Nitric Acid Dear Sir: I will appreciate confirmation that the packaging configuration specified in this e-mail complies with the Hazardous Materials Regulations applicable to certain shipments of nitric acid. Docket HM-218H amended Sec. 173.158(e) so that nitric acid of less than 90 percent concentration, when placed in wooden or fiberboard outer packagings, the glass inner packagings must be packed in tightly-closed, non-reactive intermediate packagings, cushioned with a non-reactive absorbent material. To meet this requirement, please provide your opinion that the following combination packaging is satisfactory for shipments of nitric acid of less than 90 percent concentration: Six, 2.5 L glass bottles will be placed into individual molded cells or partitions of a Styrofoam tray. The Styrofoam tray covers about half the height of the glass bottles. At the top of the bottles, there is a ~1 1/5" Styrofoam pad to protect the cap area. Each cell or partition in the Styrofoam tray will have a 6 inch square absorbent pad inserted to provide cushioning. The entire tray (with the 6, 2.5 L bottles) will be encapsulated in a 4mil plastic bag that will be tied closed. The six glass bottles of nitric acid will collectively be enclosed in the intermediate packaging which will then be placed in an UN 4G approved fiberboard box (outer packaging). The Styrofoam pad will be inserted on top of the closed bottles and external to the bag prior to carton closure. All packaging materials, Styrofoam tray and pad, absorbent material, etc., will be non-reactive to the nitric acid. Below are several pictures of the packaging described above.#

Page 5Thank you for your response and guidance in support of our hazardous materials compliance procedures. Richard J. Lloyd 31 Bastian Lane Allentown, PA 18104 Telephone: 610-398- 3954 E-mail: dickchar@rcn.com#