{"operation":"document","citation":"22-0012","title":"Regulatory Resources, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-04-28","effective_on":null,"summary":"22-0012 response to Regulatory Resources, Inc. concerning 171.2, 173.28.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0012","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76446/220012.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nApril 28, 2022\nW. A. Winter\nPresident\nRegulatory Resources, Inc.\n137 Mill Crossing Ln.\nSpringtown, TX 76082\nReference No. 22-0012\nDear Mr. Winter:\nThis letter is in response to your February 23, 2022, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to requirements for\nspecification packagings. Specifically, you request that PHMSA reconsider the response\nprovided in letter of interpretation (LOI) Ref. No. 18-0063 and ask two additional questions\nrelated to maintenance and marking of specification packagings.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether PHMSA will revise answer “A1” of LOI Ref. No. 18-0063 to state that\nthe HMR requires that the user of the intermediate bulk container (IBC) cover the\nspecification markings when the packaging is used in non-hazardous material service\nafter the packaging’s periodic requalification period has been exceeded.\nA1. The original answer remains valid, and we will not issue a revision of LOI Ref. No.\n18-0063. A packaging that requires periodic requalification and that has exceeded the\nrequalification period may not be filled with a hazardous material and transported until\nthe required requalification has been completed. A packaging that has exceeded its\nmarked qualification period is clearly no longer an acceptable packaging to fill with a\nhazardous material and offered for transportation; however, it is not necessarily in\nviolation of § 171.2(g). We suggest that the user cover the specification marking if the\npackaging is not being used in accordance with that marked specification to avoid the\nappearance of non-compliance and to prevent future users from mistaking the\npackaging’s permitted uses.\nQ2. You ask whether PHMSA will clarify how a packaging may display a UN or DOT\nspecification marking, yet not meet the requirements of Part 178.\n\n<<<PAGE 2>>>\n\nA2. A packaging that does not meet the requirements of its specification may not display a\nUN or DOT specification marking. However, as noted above, the expiration of a periodic\nrequalification does not—in and of itself—indicate that a packaging no longer meets its\nspecification. Rather, the packaging is no longer authorized for use in hazardous material\nservice until such a time it is requalified to ensure compliance with specification and\ngeneral packaging requirements. The packaging may not be filled with a hazardous\nmaterial and transported after the expiration of qualification, but the specification\nmarking is not necessarily required to be covered, obliterated, or obscured once the\nqualification period has been exceeded. Again, in such circumstances, we suggest that, if\na person in possession of a packaging intended to be used for non-hazardous material\nservice, they should cover the specification marking to avoid confusion.\nQ3. You ask how a shipper can determine whether a packaging that displays a UN or DOT\nspecification marking can continue to meet the requirements of its specification when it is\nused for a non-hazardous material that may exceed the limitations for the specification\n(e.g., caused fatigue that reduced the integrity of the packaging) or was repaired or\naltered in an impermissible way.\nA3. In accordance with § 173.28(a), packagings and receptacles used more than once must be\nin such condition, including closure devices and cushioning materials, that they conform\nin all respects to the prescribed requirements of the HMR. Before reuse, each packaging\nmust be inspected and may not be reused unless the packaging is free from incompatible\nresidue, rupture, or other damage which reduces its structural integrity. A person who\ndamages or uses a UN or DOT specification packaging in such a way that the structural\nintegrity of the packaging has been reduced, resells that packaging to another person, and\nindicates that the packaging is acceptable for use in hazardous material service is in\nviolation of §§ 171.2(j).\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\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Resubmission of Request for Letter of Interpretation\nDate: Friday, February 25, 2022 2:15:41 PM\nAttachments: RRI Request for Clarification - LOI 18-0063 (Nov, 2020).pdf\nHi Alice,\nPlease see the attached LOI request.\nLet me know if you have any questions.\nRegards,\n-Breanna\nFrom: wade@regulatoryresources.net <wade@regulatoryresources.net>\nSent: Wednesday, February 23, 2022 12:04 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Resubmission of Request for Letter of Interpretation\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.\nGood day,\nI’ve attached letter request for clarification originally submitted in November 2020 for which I have\nyet to receive PHMSA’s comments. Please note, the company address and phone number has\nchanged. Our new address and contact information is:\nRegulatory Resources, Inc.\n137 Mill Crossing Ln\nSpringtown, TX 76082\nPh: 509-308-4885\nEmail: wade@regulatoryresources.net\nThank you. I look forward to your interpretation.\nAll the best,\nW. A. Winter\n-----------------------------------\nRegulatory Resources, Inc.\nYour Training and Compliance Professionals\nwww.regulatoryresources.net\nThis e-mail and any attachment(s) is confidential and may contain proprietary information of Regulatory Resources, Inc. This\ne-mail and any attachment(s) is intended solely for the person or entity to which it is addressed; they may contain legally\nprivileged and protected matter. Any review, retransmission, dissemination or other use whatsoever by persons or entities\nother than the intended recipient(s) is strictly prohibited. If you received this in error, please delete the original transmission,\ndestroy all electronic and hard copies, and notify the sender by return e-mail.\n\n<<<PAGE 4>>>","truncated":false,"body_characters":6282}