HAMATEAM, Inc — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, DC 20590 Pipeline and Hazardous Administration Materials Safety MAR 2 0 2110 Mr. Paul Dambek HAMATEAM, Inc. 12 Kimball Hill Road Hudson, NH 03051-3915 Reference No. 17-0105 Dear Mr. Dambek: This letter is in response to your September 15, 2017, email and subsequent phone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to package testing as it relates to U.S. Department of Transportation (DOT) approved United Nations (UN) Third Party Certification Agencies. You note that packages shipped under certain exceptions, such as small quantities (§ 173.4), excepted quantities (§ 173.4a), and limited quantities (§ 173.27(f)(2)), require some degree of testing, to include drop test, compressive load, and/or pressure test. We have paraphrased and answered your questions as follows: Q1: You ask if a third-party package testing facility must be approved by the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to § 107.401 to test packages used for shipping hazardous materials under the exceptions for small quantities, excepted quantities, and limited quantities. Al: The answer is no. However, a shipper is responsible for ensuring that any package used to transport a hazardous material in commerce complies with the HMR. Q2: You ask for confirmation of your understanding that packages tested under exceptions for small quantities, excepted quantities, and limited quantities do not require preparation and testing under Part 178, Subpart M (Testing of non-bulk packages), provided the exception used does not reference a particular requirement in the subpart. You provide the following example: a fiberboard package shipped under § 173.4 (small quantities exception) would not be subject to the conditioning requirements of § 178.602(d). A2: Your understanding is correct. Unless explicitly specified, packages tested under exceptions for small quantities, excepted quantities, and limited quantities would not require preparation in accordance with Part 178, Subpart M of the HMR. Q3: The internal pressure testing described in § 173.27(c) is required for many inner containers that do not require UN specification packaging. You ask if this testing may be performed by a third-party party package testing facility that is not approved by PHMSA pursuant to § 107.401.#

Page 2A3: The answer is yes. There is no approval required to test packages in accordance with § 173.27(c). However, a shipper is responsible for ensuring that any package used to transport hazardous materials in commerce complies with the HMR I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, I stern Faster T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 3andrews §107.401 Dodd, Alice (PHMSA) pplicabiliti 17-0105 From: INFOCNTR (PHMSA) Sent: To: Hazmat Interps Monday, September 18, 2017 5:14 PM Subject: FW: Request for a letter of interpretation Attachments: HAZMATEAM Request for letter of interpretation sept 15 2017.pdf Hi Alice, Please submit this as a letter of interpretation. Let me know if you have any questions. Thank you, Jodi From: paul@hazmateam.com[mailto:paul@hazmateam.com] Sent: Friday, September 15, 2017 7:39 AM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Cc: leo@hazmateam.com Subject: Request for a letter of interpretation Dear PHMSA: Please find attached a request for a letter of interpretation concerning package testing. reply e-mail or call 401-595-8395. Please send a reply e-mail acknowledging receipt of this e-mail. if you have questions, please send Your assistance is greatly appreciated. Best regards HAZMATEAM, INC. Paul Dambek#

Page 4HAZMATEAM TONG 12 Kimball Hill Road Telephone: (603) 882-1112 Hudson, NH 03051-3915 Fax: (603) 882-6512 Web site: www.hazmateam.com September 15, 2017 Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 East Building, 2nd Floor, Attn: PHH-10 Dear Office of Standards and Rulemaking: I am requesting a letter of interpretation concerning the applicability of Hazardous Materials Regulations (HMR), Subpart E - 49 CFR 107.401 for packages shipped under various exceptions described in the HMR. Under the Hazardous Materials Regulations, Subpart E - 49 CFR 107.401 an Approval may be granted to an organization or a person to conduct package testing as a DOT Approved UN Third Party Certification Agency. As such an agency, package testing may be conducted for either manufacturers of packagings or for shippers of hazardous materials and a certification made that the packagings are in full compliance with the requirements of the HMR for those package type. Packages shipped according to the following exceptions are excepted from the Specification Packaging requirements of the HMR, but require some degree of testing, such as a drop, compressive load and/or pressure tests. These exceptions include: • 173.4; Small Quantities for Highway or Rail 173.4a, 173.27(f)(1); Excepted Quantities 173.4b; DeMinimus Quantities 173.27 (f)(2)(v)-(vii); Limited Quantity 173.185 (c); Exceptions for small lithium cells and batteries 173.199; Category B Infectious Materials • 173.421, 173.410; Excepted Packages for limited quantities of Class 7#

Page 5Please confirm our understanding of the following: 1) A third-party package testing facility does not need to be approved by PHMSA pursuant to 49 CFR 107.401 if conducting package testing for packages prepared per the aforementioned exceptions. 2) Packages tested per the aforementioned exceptions do not require the preparation and test requirements spelled out in 49 CFR 178 Subpart M, Testing of Non-Bulk Packagings and Packages, unless the exception references a particular Subpart M requirement. For example, paper and fiberboard packages tested per the aforementioned exceptions would not be subject to the conditioning requirements of 49 CFR 178.602 (d). 3) The internal pressure testing described in 49 CFR 173.27 (c) is required for many inner containers that do not require UN Specification packaging. This testing may be performed by a shipper or 3rd Party testing facility that does not require PHMSA approval. If you have questions, do not hesitate to send e-mail to paul@hazmateam.com or call 401-595- 8395. Your assistance is greatly appreciated. Sincerely, Far Imth Paul Dambek, CDGT Hazardous Materials Trainer and Consultant cc: Leo Traverse#