{"operation":"document","citation":"20-0048","title":"SorbTech, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-08-03","effective_on":null,"summary":"20-0048 response to SorbTech, Inc. concerning 171.8, 173.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0048.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0048.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0048","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74176/200048.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAugust 3, 2020\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJoanna Kilburn\nSorbTech, Inc.\n1305 Veterans Parkway, Suite 600\nClarksville, IN 47129\nReference No. 20-0048\nDear Ms. Kilburn:\nThis letter is in response to your June 25, 2020, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking requirements. You\nstate you have a machine classified and described as “UN3363, Dangerous Goods in\nMachinery or Dangerous Goods in Apparatus, 9,” which contains a lithium ion battery that can\nbe classified and described as “UN3481, Lithium ion batteries contained in equipment, including\nlithium ion polymer batteries, 9.” When the machine or apparatus is shipped domestically by air\nand ground transportation, you state it is packaged in a non-specification cardboard box\n(e.g., strong outer packaging), which is then secured to a pallet with shrink-wrap. You ask\nwhether it is acceptable to apply the required markings to the outside of the shrink-wrap instead\nof the cardboard box (i.e., instead of the package).\nThe answer is no. A person who offers a hazardous material for transportation must mark and\nlabel the package accordingly, for instance a person must mark a non-bulk package with the\nproper shipping name and identification number. Shrink-wrapping a package to a pallet is an\nexample of an overpack, where the overpack provides protection or convenience in handling of a\npackage or consolidates two or more packages (see § 171.8). If the markings and labels on the\npackage are not visible through the shrink-wrap, the shrink-wrapped pallet must display the\nrequired marking(s) and label(s) as prescribed in § 173.25(a)(2).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nBaker\n20-0048\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Letter of Interp - Package Marking Requirements\nDate: Tuesday, June 30, 2020 3:59:52 PM\nHello Alice and Ikeya,\nBelow is a request for letter of interpretation.\nThanks,\nJonathon, HMIC\nFrom: Joanna Kilburn [mailto:jkilburn@sorbtechinc.com]\nSent: Thursday, June 25, 2020 12:51 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of Interp - Package Marking Requirements\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nJohnathan,\nWe have a material that is Dangerous Goods in Apparatus (UN3363) and\ncontains a lithium-Ion Battery in equipment (UN3481) that is shipped by\nair and ground. The machine is packaged in a cardboard box. The\ncardboard box is not required to be specification packaging. The box is\nsecured to a pallet with shrink-wrap (plastic wrap). Would it be acceptable\nto apply the required markings to the outside of the shrink-wrap instead of\nthe cardboard box?\nRegards,\nJoanna Kilburn\nSorbTech, Inc.\n1305 Veterans Parkway, Suite 600\nClarksville, IN 47129\nInfo@sorbtechinc.com\nOffice: 812-944-9108\nCell: 502-599-2192\nFax: 812-944-9109\nNOTICE: This e-mail message and any documents attached to it are privileged and confidential. This information is intended to be used\nsolely by the entity or individual to whom this message is addressed. If you are not the intended recipient, be advised that any use,\ndissemination, forwarding, printing, or copying of this message and/or attachments without the sender's written permission is strictly\nprohibited and may be unlawful. Accordingly, if you have received this message in error, please notify the sender immediately by return\ne-mail or call 812-944-9108, and then destroy the original transmission and its attachments without reading or saving in any manner.\nNeither the transmission of this message or any attachment nor any error in transmission or misdelivery shall constitute a waiver of any\napplicable legal privilege.\nThe findings, opinions, and recommendations contained herein this communication are not exhaustive and/or all-inclusive and are based\nsolely on the information provided to SorbTech, Inc by the addressee and/or entity representative. Many regulations are open to\n\n<<<PAGE 3>>>\n\ninterpretation and these findings, opinions, and recommendations may or may not satisfy any regulating body. These findings, opinions,\nand recommendations are not binding upon the addressee and/or entity and are only suggested actions. Addressee and/or entity is\nultimately responsible for implantation of the same. SorbTech, Inc. hereby specifically exclaims any expressed or implied warranties.\nAddressee and/or entity should consult legal counsel and/or subject matter experts for additional recommendations. Addressee and/or\nan entity explicitly agrees that SorbTech, Inc. is not liable for any ultimate determination made by any regulating body as to these\nfindings, opinions, and recommendations.","truncated":false,"body_characters":5094}