{"operation":"document","citation":"17-0105","title":"HAMATEAM, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-03-20","effective_on":null,"summary":"17-0105 response to HAMATEAM, Inc concerning 173.27, 173.4, 178.602.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0105.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0105.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0105","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57551/170105.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nMAR 2 0 2110\nMr. Paul Dambek\nHAMATEAM, Inc.\n12 Kimball Hill Road\nHudson, NH 03051-3915\nReference No. 17-0105\nDear Mr. Dambek:\nThis letter is in response to your September 15, 2017, email and subsequent phone conversations\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to package testing as it relates to U.S. Department of Transportation (DOT) approved\nUnited Nations (UN) Third Party Certification Agencies. You note that packages shipped under\ncertain exceptions, such as small quantities (§ 173.4), excepted quantities (§ 173.4a), and limited\nquantities (§ 173.27(f)(2)), require some degree of testing, to include drop test, compressive load,\nand/or pressure test.\nWe have paraphrased and answered your questions as follows:\nQ1:\nYou ask if a third-party package testing facility must be approved by the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to § 107.401 to test\npackages used for shipping hazardous materials under the exceptions for small quantities,\nexcepted quantities, and limited quantities.\nAl: The answer is no. However, a shipper is responsible for ensuring that any package used\nto transport a hazardous material in commerce complies with the HMR.\nQ2:\nYou ask for confirmation of your understanding that packages tested under exceptions for\nsmall quantities, excepted quantities, and limited quantities do not require preparation\nand testing under Part 178, Subpart M (Testing of non-bulk packages), provided the\nexception used does not reference a particular requirement in the subpart. You provide\nthe following example: a fiberboard package shipped under § 173.4 (small quantities\nexception) would not be subject to the conditioning requirements of § 178.602(d).\nA2: Your understanding is correct. Unless explicitly specified, packages tested under\nexceptions for small quantities, excepted quantities, and limited quantities would not\nrequire preparation in accordance with Part 178, Subpart M of the HMR.\nQ3: The internal pressure testing described in § 173.27(c) is required for many inner\ncontainers that do not require UN specification packaging. You ask if this testing may be\nperformed by a third-party party package testing facility that is not approved by PHMSA\npursuant to § 107.401.\n\n<<<PAGE 2>>>\n\nA3:\nThe answer is yes. There is no approval required to test packages in accordance with\n§ 173.27(c). However, a shipper is responsible for ensuring that any package used to\ntransport hazardous materials in commerce complies with the HMR\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nI stern Faster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nandrews\n§107.401\nDodd, Alice (PHMSA)\npplicabiliti\n17-0105\nFrom:\nINFOCNTR (PHMSA)\nSent:\nTo:\nHazmat Interps\nMonday, September 18, 2017 5:14 PM\nSubject:\nFW: Request for a letter of interpretation\nAttachments:\nHAZMATEAM Request for letter of interpretation sept 15 2017.pdf\nHi Alice,\nPlease submit this as a letter of interpretation. Let me know if you have any questions.\nThank you,\nJodi\nFrom: paul@hazmateam.com[mailto:paul@hazmateam.com]\nSent: Friday, September 15, 2017 7:39 AM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nCc: leo@hazmateam.com\nSubject: Request for a letter of interpretation\nDear PHMSA:\nPlease find attached a request for a letter of interpretation concerning package testing.\nreply e-mail or call 401-595-8395.\nPlease send a reply e-mail acknowledging receipt of this e-mail.\nif you have questions, please send\nYour assistance is greatly appreciated.\nBest regards\nHAZMATEAM, INC.\nPaul Dambek\n\n<<<PAGE 4>>>\n\nHAZMATEAM\nTONG\n12 Kimball Hill Road\nTelephone: (603) 882-1112\nHudson, NH 03051-3915\nFax: (603) 882-6512\nWeb site: www.hazmateam.com\nSeptember 15, 2017\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nEast Building, 2nd Floor, Attn: PHH-10\nDear Office of Standards and Rulemaking:\nI am requesting a letter of interpretation concerning the applicability of Hazardous Materials\nRegulations (HMR), Subpart E - 49 CFR 107.401 for packages shipped under various\nexceptions described in the HMR.\nUnder the Hazardous Materials Regulations, Subpart E - 49 CFR 107.401 an Approval may be\ngranted to an organization or a person to conduct package testing as a DOT Approved UN Third\nParty Certification Agency. As such an agency, package testing may be conducted for either\nmanufacturers of packagings or for shippers of hazardous materials and a certification made\nthat the packagings are in full compliance with the requirements of the HMR for those package\ntype.\nPackages shipped according to the following exceptions are excepted from the Specification\nPackaging requirements of the HMR, but require some degree of testing, such as a drop,\ncompressive load and/or pressure tests. These exceptions include:\n• 173.4; Small Quantities for Highway or Rail\n173.4a, 173.27(f)(1); Excepted Quantities\n173.4b; DeMinimus Quantities\n173.27 (f)(2)(v)-(vii); Limited Quantity\n173.185 (c); Exceptions for small lithium cells and batteries\n173.199; Category B Infectious Materials\n• 173.421, 173.410; Excepted Packages for limited quantities of Class 7\n\n<<<PAGE 5>>>\n\nPlease confirm our understanding of the following:\n1) A third-party package testing facility does not need to be approved by PHMSA\npursuant to 49 CFR 107.401 if conducting package testing for packages prepared per\nthe aforementioned exceptions.\n2) Packages tested per the aforementioned exceptions do not require the preparation and\ntest requirements spelled out in 49 CFR 178 Subpart M, Testing of Non-Bulk Packagings\nand Packages, unless the exception references a particular Subpart M requirement.\nFor example, paper and fiberboard packages tested per the aforementioned exceptions\nwould not be subject to the conditioning requirements of 49 CFR 178.602 (d).\n3) The internal pressure testing described in 49 CFR 173.27 (c) is required for many inner\ncontainers that do not require UN Specification packaging. This testing may be\nperformed by a shipper or 3rd Party testing facility that does not require PHMSA\napproval.\nIf you have questions, do not hesitate to send e-mail to paul@hazmateam.com or call 401-595-\n8395. Your assistance is greatly appreciated.\nSincerely,\nFar Imth\nPaul Dambek, CDGT\nHazardous Materials Trainer and Consultant\ncc: Leo Traverse","truncated":false,"body_characters":6699}