{"operation":"document","citation":"20-0065","title":"Leslie’s Poolmart, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-10-13","effective_on":null,"summary":"20-0065 response to Leslie’s Poolmart, Inc. concerning 171.8, 172.101, 173.24, 173.240, 173.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0065.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0065.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0065","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74516/200065.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOctober 13, 2020\nMike Jennings\nLeslie’s Poolmart, Inc.\n2005 E. Indian School Road\nPhoenix, AZ 85016\nReference No. 20-0065\nDear Mr. Jennings:\nThis letter is in response to your August 17, 2020, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to bulk packagings\nof certain low hazard solid materials. In your email, you specifically ask about transporting\n“UN3260, Corrosive solid, acidic, inorganic, n.o.s., 8, PG II” in “sift-proof non-DOT\nSpecification closed bulk bins” as authorized by § 173.240(c).\nIn your email, you state that the hazardous material will be transported by ground and packaged\nin a non-DOT specification cardboard box (i.e., a conventional Gaylord box). Further, you state\nthat the box meets the definition of a bulk packaging and that it is filled with one-pound sealed\npouches of the hazardous material with the box either lined with plastic or each individual pouch\nplaced in a plastic bag. Finally, you state that the box is overpacked by shrink-wrapping it to a\npallet.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether the packaging described would be considered a sift-proof, non-DOT\nspecification closed bulk bin in accordance with § 173.240(c).\nA1. The answer is yes, provided the packaging is consistent with the HMR definition of sift-\nproof. In accordance with § 171.8, “sift-proof packaging” means a packaging\nimpermeable to dry contents, including fine solid material produced during\ntransportation. The HMR does not define “closed bulk bin,” but it can be described as an\n“enclosed packaging that is tough, firm, and durable (i.e., strong), constructed so that its\ncontents cannot pass through (i.e., completely enclosed), and which meets other\napplicable requirements of § 173.24.” It is the shipper’s responsibility to ensure that the\npackaging is “designed, constructed, maintained, filled, its contents so limited, and\nclosed, so that under conditions normally incident to transportation” there will be no\nidentifiable release of hazardous material (see § 173.24(b)).\n\n<<<PAGE 2>>>\n\nQ2. You ask whether “UN3260, Corrosive solid, acidic, inorganic, n.o.s., 8, PG II” may be\nexcepted from UN specification or performance-oriented packaging.\nA2. The answer is yes. As specified in the § 172.101 Hazardous Materials Table, the\nauthorized bulk packaging section referenced in column (8B) for “UN3260,\nCorrosive solid, acidic, inorganic, n.o.s., 8, PG II” is § 173.240 (bulk packaging for\ncertain low hazard solid materials). Section 173.240(c) specifies that a sift-proof,\nnon-DOT specification, closed bulk bin is an authorized packaging for this material.\nPlease be aware that non-DOT specification bulk packagings must still meet the\ngeneral packaging requirements in §§ 173.24 and 173.24b.\nQ3. You ask whether the “OVERPACK” marking is required on the palletized Gaylord box.\nA3. The answer is no. As prescribed in § 173.25(a)(4), the “OVERPACK” marking is\nrequired when specification packagings are required. Therefore, because you are not\nusing a specification bulk packaging, the “OVERPACK” marking is not required.\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 3>>>\n\nCardez\n20-0065\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Letter of Interpretation Request\nDate: Wednesday, August 19, 2020 3:48:47 PM\nHello Alice,\nBelow is a letter of interpretation request.\nThanks,\nJonathon, HMIC\nFrom: Mike Jennings [mailto:mjennings@lesl.com]\nSent: Monday, August 17, 2020 6:40 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of Interpretation Request\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.\nTo whom it may concern;\nWe are seeking clarification with regard to shipping of UN3260, Corrosive solid, acidic, inorganic,\nn.o.s., 8, PG II in bulk packaging as described at 49 CFR 173.240(c), specifically, that part reading\n“and sift-proof non-DOT Specification….closed bulk bins are authorized.” The mode of shipment\nwould be highway. We believe the following described packaging scenario meets the requirements\napplicable to the identified hazardous material and regulatory citation.\nThe outer packaging would be a large, sturdy, non-DOT specification cardboard box (e.g. Gaylord\nbox). The box used would have a net mass (once filled) of greater than 400 kg (882 pounds) AND a\nmaximum capacity greater than 450 L (119 gallons). One pound, sealed pouches filled with the\nhazardous material would be placed inside the box. Either a plastic liner would be in the box\nbetween the one pound pouches and box or each of the one pound pouches of hazardous material\nwould be placed in plastic bags (and bags secured closed) before being placed inside the box. The\npackage would then be “overpacked” by placement on and shrink-wrapping to a pallet.\nHave we correctly interpreted, and do you agree, that the method of packaging and package\ndescribed in the preceding scenario would be compliant for shipment by highway and is:\nA sift-proof non-DOT Specification closed bulk bin\nNot subject to UN specification or Performance Oriented Packaging\nNot subject to the “overpack” marking requirement due to the “non-DOT specification” status\nof the package inside\nThank you,\n\n<<<PAGE 4>>>\n\nMike Jennings\nLeslie’s Poolmart, Inc.\n2005 E. Indian School Road\nPhoenix, AZ 85016\nPhone: (602) 366-3946\nFax: (602) 366-3921\nCONFIDENTIALITY NOTICE: This electronic transmission and any attachment hereto are\nthe private confidential property of the sender, and the materials are privileged\ncommunications intended solely for the receipt, use, benefit, and information of the intended\nrecipient indicated above. If you are not the intended recipient, you are hereby notified that\nany review, disclosure, copying, distribution, or the taking of any other action in reliance on\nthe contents of this electronic transmission is strictly prohibited, and may result in legal\nliability on your part. If you have received this e-mail in error, please notify the sender\nimmediately by replying to this email, by telephone at 602-366-3999 or by fax at 602-366-\n3944.","truncated":false,"body_characters":6533}