DG Advisor, LLC — Hazardous Materials Safety Interpretation

Page 10 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 FEB 2 5 2019 Ben Barrett DG Advisor, LLC P.O. Box248 Dubois, WY 82513 Reference No. 18-0094 Dear Mr. Barrett: This letter is in response to your June 20, 2018, email and letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of hazardous materials in the same overpack together with materials not meeting the definition of a hazardous material. We have paraphrased and answered your questions as follows: Q 1. You ask if a non-hazardous material can be placed in an overpack that contains a hazardous material package. Al. The answer is yes. The HMR do not prescribe requirements or limitations for non- hazardous material packed in an overpack; therefore, there is no prohibition from including hazardous and non hazardous material in an overpack together. Q2. You ask if the non-hazardous material must be considered when determining the applicability of the placarding exception in§ 172.504(c). A2. The answer is no. The weight of non-hazardous material is not included in the determination of aggregate gross weight of the hazardous material for the purposes of the placarding exception for non-bulk packages found in § 172.504( c ). I hope this information is helpful. Please contact us if we can be of further assistance. ;~]y,/,~~ Mr§ ·d~ Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2January, lkeya CTR (PHMSA) From: Sent: To: Cc: Subject: Attachments: DerKinderen, Dirk (PHMSA) Thursday, June 21, 2018 7:46 AM January, lkeya CTR (PHMSA) Kelley, Shane (PHMSA) FW: Interpretation request on overpacks 2018June.14.overpack.interp.request.pdf lkeya, Please enter into the interp system and assign. Sincerely. D W'lv Dev Ki,n,de,v0Yv From: Ben Barrett [mailto:ben.barrett@dgadvisor.com] Sent: Wednesday, June 20, 2018 9:54 PM To: DerKinderen, Dirk (PHMSA) <Dirk.DerKinderen@dot.gov> Cc: Marie-France (Marie) Dagenais <mfdagenais@dgadvisor.com> Subject: Interpretation request on overpacks Dirk, an official request for written interpretation is attached. Ben Barrett, PE, Consultant DG Advisor, LLC Dangerous Goods Regulations Experts Mobile & Text: +l (816) 853-3508 Email: ben.barrett@dgadvisor.com DISCLAIMER: The matters upon which DG Advisor, LLC (Consultant) provides consulting services are highly technical; their regulation by public authority can be inconsistent and uncertain; and there can be great difference of opinion as to the application, requirements and interpretation with respect to the matters upon which Consultant provides services. Therefore, Consultant shall use its best judgment in these matters, recognizing these factors and uncertainties that apply to same, and we do not warrant that compliance with any advice we provide will guarantee compliance with any legal or regulatory requirements. Consultant shall not be responsible for claimed loss on account of consulting services rendered by Consultant in good faith, and the recipient retains sole responsibility for compliance. The services of Consultant do not constitute legal advice. For legal advice, consult a lawyer. 1#

Page 3June 20, 2018 Mr. Dirk Der Kindem Standards and Rulemaking Div ision _ Pipeline and Hazardous Materials Safety Administration, Attn: PHH-IO, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001 Re: Interpretation of requirements for overpacks Dear Mr. Der Kindem: In accordance with 49 CFR §105.20, we request a written interpretation on the following. We think the scenarios below are acceptable. Does PHMSA agree? • Can unpackaged non-hazmat be overpacked with a compliant 172.504 Table 2 hazmat package, and not be in a second outer package? We prefer to place it loose in the overpack next to the hazmat package, and add packing material to protect and immobilize. • Can the non-hazmat in the above overpack be differentiated on the shipping paper, and not be counted in the gross 1,001 pound placarding exemption in 172.504? What does "aggregate" mean - we think it intends more than one consignment, but it is not defined. We have illustrated the overpack in the Figure 1 below. A hazardous material package is overpacked with coffee cups, a ball cap and a shirt. All voids are filled with air pillows or other packing material to prevent movement of the contents. The shipping paper would show all required weights and the gross weight of the hazmat combination packaging(s). DG Advisor, LLC • PO Box 248 • Dubois WY 82513 USA • +l 816 853 3508 • ben.barrett@dgadvisor.com#

Page 4PHMSA Standards June 20, 20 I 8 Page 2 of2 Figure 1: Illustration of hazmat packed in overpack with unpackaged non-hazmat and packing material. Please let us know if you have any questions. We look forward to receiving your reply. Sincerely, DG Advisor, LLC Ben Barrett President DISCLAIMER: The matters upon which DG Advisor, LLC (Consultant) provides consulting services are highly technical; their regulation by public authority can be inconsistent and uncertain; and there can be great difference of opinion as to the application, requirements and interpretation with respect to the matters upon which Consultant provides services. Therefore, Consultant shall use its best judgment in these matters, recognizing these factors and uncertainties that apply to same, and we do not warrant that compliance with any advice we provide will guarantee compliance with any legal or regulatory requirements. Consultant shall not be responsible for claimed loss on account of consulting services rendered by Consultant in good faith, and the recipient retains sole responsibility for compliance. The services of Consultant do not constitute legal advice. For legal advice, consult a lawyer. DG Advisor, LLC • PO Box 248 • Dubois WY 82513 • USA • + I 816 853 3508 • ben.barrett@dgadvisor.com#