{"operation":"document","citation":"18-0094","title":"DG Advisor, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-02-25","effective_on":null,"summary":"18-0094 response to DG Advisor, LLC concerning 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0094.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0094.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0094","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70641/180094.pdf","body":"<<>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nFEB 2 5 2019\nBen Barrett\nDG Advisor, LLC\nP.O. Box248\nDubois, WY 82513\nReference No. 18-0094\nDear Mr. Barrett:\nThis letter is in response to your June 20, 2018, email and letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of\nhazardous materials in the same overpack together with materials not meeting the definition of a\nhazardous material.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask if a non-hazardous material can be placed in an overpack that contains a\nhazardous material package.\nAl. The answer is yes. The HMR do not prescribe requirements or limitations for non-\nhazardous material packed in an overpack; therefore, there is no prohibition from including\nhazardous and non hazardous material in an overpack together.\nQ2. You ask if the non-hazardous material must be considered when determining the\napplicability of the placarding exception in§ 172.504(c).\nA2. The answer is no. The weight of non-hazardous material is not included in the\ndetermination of aggregate gross weight of the hazardous material for the purposes of the\nplacarding exception for non-bulk packages found in § 172.504( c ).\nI hope this information is helpful. Please contact us if we can be of further assistance.\n;~]y,/,~~\nMr§ ·d~\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nJanuary, lkeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nCc:\nSubject:\nAttachments:\nDerKinderen, Dirk (PHMSA)\nThursday, June 21, 2018 7:46 AM\nJanuary, lkeya CTR (PHMSA)\nKelley, Shane (PHMSA)\nFW: Interpretation request on overpacks\n2018June.14.overpack.interp.request.pdf\nlkeya,\nPlease enter into the interp system and assign.\nSincerely.\nD W'lv Dev Ki,n,de,v0Yv\nFrom: Ben Barrett [mailto:ben.barrett@dgadvisor.com]\nSent: Wednesday, June 20, 2018 9:54 PM\nTo: DerKinderen, Dirk (PHMSA) \nCc: Marie-France (Marie) Dagenais \nSubject: Interpretation request on overpacks\nDirk,\nan official request for written interpretation is attached.\nBen Barrett, PE, Consultant\nDG Advisor, LLC\nDangerous Goods Regulations Experts\nMobile & Text: +l (816) 853-3508\nEmail: ben.barrett@dgadvisor.com\nDISCLAIMER: The matters upon which DG Advisor, LLC (Consultant) provides consulting services are highly technical; their regulation by public authority can\nbe inconsistent and uncertain; and there can be great difference of opinion as to the application, requirements and interpretation with respect to the\nmatters upon which Consultant provides services. Therefore, Consultant shall use its best judgment in these matters, recognizing these factors and\nuncertainties that apply to same, and we do not warrant that compliance with any advice we provide will guarantee compliance with any legal or regulatory\nrequirements. Consultant shall not be responsible for claimed loss on account of consulting services rendered by Consultant in good faith, and the recipient\nretains sole responsibility for compliance. The services of Consultant do not constitute legal advice. For legal advice, consult a lawyer.\n1\n\n<<>>\n\nJune 20, 2018\nMr. Dirk Der Kindem\nStandards and Rulemaking Div\nision\n_\nPipeline and Hazardous Materials Safety Administration, Attn:\nPHH-IO, U.S. Department of Transportation,\nEast Building, 1200 New Jersey\nAvenue, SE., Washington, DC 20590-0001\nRe: Interpretation of requirements for overpacks\nDear Mr. Der Kindem:\nIn accordance with 49 CFR §105.20, we request a written interpretation on the following. We think\nthe scenarios below are acceptable. Does PHMSA agree?\n• Can unpackaged non-hazmat be overpacked with a compliant 172.504 Table 2\nhazmat package, and not be in a second outer package? We prefer to place it loose in\nthe overpack next to the hazmat package, and add packing material to protect and\nimmobilize.\n• Can the non-hazmat in the above overpack be differentiated on the shipping paper,\nand not be counted in the gross 1,001 pound placarding exemption in 172.504? What\ndoes \"aggregate\" mean - we think it intends more than one consignment, but it is not\ndefined.\nWe have illustrated the overpack in the Figure 1 below. A hazardous material package is overpacked\nwith coffee cups, a ball cap and a shirt. All voids are filled with air pillows or other packing material\nto prevent movement of the contents.\nThe shipping paper would show all required weights and the gross weight of the hazmat combination\npackaging(s).\nDG Advisor, LLC • PO Box 248 • Dubois WY 82513 USA • +l 816 853 3508 • ben.barrett@dgadvisor.com\n\n<<>>\n\nPHMSA Standards June 20, 20 I 8 Page 2 of2\nFigure 1: Illustration of hazmat packed in overpack with unpackaged non-hazmat and packing\nmaterial.\nPlease let us know if you have any questions. We look forward to receiving your reply.\nSincerely,\nDG Advisor, LLC\nBen Barrett\nPresident\nDISCLAIMER: The matters upon which DG Advisor, LLC (Consultant) provides consulting services are highly technical; their regulation by public\nauthority can be inconsistent and uncertain; and there can be great difference of opinion as to the application, requirements and interpretation with\nrespect to the matters upon which Consultant provides services. Therefore, Consultant shall use its best judgment in these matters, recognizing these\nfactors and uncertainties that apply to same, and we do not warrant that compliance with any advice we provide will guarantee compliance with any\nlegal or regulatory requirements. Consultant shall not be responsible for claimed loss on account of consulting services rendered by Consultant in good\nfaith, and the recipient retains sole responsibility for compliance. The services of Consultant do not constitute legal advice. For legal advice, consult a\nlawyer.\nDG Advisor, LLC • PO Box 248 • Dubois WY 82513 • USA • + I 816 853 3508 • ben.barrett@dgadvisor.com","truncated":false,"body_characters":6019}