{"operation":"document","citation":"18-0063","title":"Daniels Training Service, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-03-13","effective_on":null,"summary":"18-0063 response to Daniels Training Service, Inc. concerning 171.2, 173.35.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0063.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0063.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0063","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70751/180063.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAR 1 3 2019\nMr. Daniel Stoehr\nDaniels Training Services, Inc.\nP.O. Box 1232\nFreeport, IL 61032-1232\nReference No. 18-0063\nDear Mr. Stoehr:\nThis letter is in response to your April 17, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to specification packaging.\nSpecifically, you ask several questions about the use of specification packaging for the\ntransportation of non-hazardous materials in commerce when the specification marking is visible\non the packaging.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask if a bulk specification packaging ( e.g., IBC, tank car, portable tank) that is filled\nwith a non-hazardous material (e.g., water) and offered for transportation after the test or\nre-inspection date marked on the packaging would comply with the HMR.\nAl. The answer is yes. For example, under § 173.35(a), a specification IBC, for which\nthe prescribed periodic retest or inspection under subpart D of part 180 of the HMR is\npast due, may not be filled and offered for transportation until the retest or inspection\nhave been successfully completed. This requirement is not applicable to an IBC filled\nwith a non-hazardous material. The periodic retest and inspection must be successfully\nperformed before the IBC may be filled with a hazardous material and offered for\ntransportation and transported in commerce. However, if the United Nations (UN)\nstandard or Department of Transportation (DOT) specification packaging is not\nmaintained in accordance with the HMR, we recommend securely covering any\nidentifying marks or specification plates representing it as such.\nQ2. You ask if a pon-bulk specification packaging ( e.g., 208 L steel drum) that is filled with a\nnon-hazardous material that exceeds the marked specific gravity and offered for\ntransportation in commerce would comply with the HMR.\nA2. Although not recommended, such a practice is not a violation of the HMR provided the\nspecification packaging design is manufactured, fabricated, marked, maintained,\nreconditioned, repaired, and retested in accordance with the applicable requirements of the\n\n<<<PAGE 2>>>\n\nHMR when used to package hazardous materials for transportation in commerce. Please\nnote that a specification packaging exceeding the limitations to which the packaging\ndesign was tested may degrade its capabilities.\nQ3. You ask if a non-bulk specification packaging ( e.g., fiberboard box) that is filled with a\nnon-hazardous solid material and offered for transportation in commerce would comply\nwith the HMR if the completed package exceeds the marked gross mass.\nA3. See answer A2.\nQ4. You ask if the requirements of the HMR regarding the use of a specification packaging\napply when the packaging is used for the transportation in commerce of a non-hazardous\nmaterial and the specification marking is visible during transport.\nA4. Generally, no. However, under§ 171.2(g), no person may represent or offer a packaging as\nmeeting the requirements of the HMR unless the packaging is manufactured, fabricated,\nmarked, maintained, reconditioned, repaired, and retested in accordance with the applicable\nrequirements of the HMR. These requirements are applicable whether or not the packaging\nis used for the transportation of a hazardous material. Therefore, if the specification\npackaging is not maintained in accordance with the HMR, we recommend you securely cover\nany identifying marks representing it as such. Otherwise, a specification packaging may be\nused to package a non-hazardous material and be offered for transportation in commerce.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nJanuary, lkeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nTuesday, April 17, 2018 2:20 PM\nHazmat Interps\nFW: Request for Letter of Interpretation: Use of a Specification Packaging for Transport\nof non-Hazardous Material\nHi lkeya and Alice,\nBelow is a request for a letter of interpretation. Mr. Stoehr spoke with Eugenio about his questions. Please let me know\nif you have any questions.\nThanks,\nJodi\nFrom: Daniel Stoeh~ [mailto:info@danielstraining.com]\nSent: Tuesday, April 17, 201811:45 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for Letter of Interpretation: Use of a Specification Packaging for Transport of non-Hazardous Material\nPlease advise on the following.\nExample:\n• A shipper offers for transportation in commerce a non-hazardous material.\n• The non-hazardous material is packed in a specification packaging.\n• The specification packaging mark is displayed on the packaging and is visible in transportation.\nQuestion 1:\nIf shipped in a bulk packaging (IBC, tank car, cargo tank, or portable tank), will its transport in commerce comply with the\nHazardous Materials Regulations (HMR) if the bulk packaging has exceeded its re-test and/or re-inspection date marked on the\npackaging before it was filled and shipped?\nQuestion 2:\nIf shipped in a non-bulk packaging, will its transport in commerce comply with the HMR if the specific gravity of a liquid non-\nHazMat exceeds the specific gravity for which the packaging has been tested and is marked as part of the specification mark?\nQuestion 3:\nIf shipped in a non-bulk packaging, will its transport in commerce comply with the HMR if the gross mass of the package (solid\nnon-Hazmat and packaging) exceeds the gross mass for which the packaging has been tested and is marked as part of the\nspecification mark?\nQuestion 4:\nDo the requirements of the HMR for the use of a specification packaging apply when the packaging is used for\nthe transport in commerce of a non-hazardous material and the specification mark is visible during transport?\nThank you and please contact me if you require additional information.\n1\n\n<<<PAGE 4>>>\n\nDaniel Stoehr\nDaniels Training Services, Inc.\nPO Box 1232\nFreeport, IL 61032-1232\n815.821.1550\nlnfo@DanielsTraining.com\nwww.DanielsTraining.com\nSubscribe to my Monthly Newsletter\nHow'd I do? Click here to write a review.\n2","truncated":false,"body_characters":6335}