{"operation":"document","citation":"24-0035","title":"Railsback HazMat Safety Professionals, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-09-25","effective_on":null,"summary":"24-0035 response to Railsback HazMat Safety Professionals, LLC concerning 173.159, 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0035.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0035.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0035","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-09/240035.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 25, 2024\nRex Railsback\nHazMat/DOT Specialist\nRailsback HazMat Safety Professionals, LLC\n312 Lawrence Ave, Lawrence, KS 66049\nReference No. 24-0035\nDear Mr. Railsback:\nThis letter is in response to your June 3, 2024, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of a bulk\npackaging. You believe the answers provided in Letter of Interpretation (LOI) Ref. No. 23-0052\nconflict with both the definition of bulk packaging in § 171.8 and the answers provided in LOI\nRef. Nos. 15-0168R and 17-0050. Specifically, you ask whether the answers provided in LOI\nRef. No. 23-0052—which states that in the instance of authorized non-specification packaging of\na battery secured to a skid or pallet, the weight of the battery determines whether a package is\nconsidered bulk or non-bulk—were intended to mean that both the net mass and the maximum\ncapacity requirements must be considered when determining if a packaging used for batteries is a\nbulk packaging.\nThe answer is no. Generally, batteries and other similar articles are considered solids for the\npurposes of the HMR when packed in authorized packaging; however, PHMSA—in the instance\nof batteries secured to pallets or skids as in §§ 173.159(d)(1) and 173.185(b)(5)—maintains that\nthe weight of the battery alone should be used to determine whether the packaging is considered\nbulk or non-bulk.\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<<>>\n\nCasey\n24-0035\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request for written response for clarification of LOI 23-0052\nDate: Monday, June 3, 2024 3:29:04 PM\nDear Alice,\nSee the attached interpretation request. Let us know if you need anything else.\nBest,\nAminah\nFrom: Rex Railsback \nSent: Monday, June 3, 2024 3:20 PM\nTo: INFOCNTR (PHMSA) \nSubject: RE: Request for written response for clarification of LOI 23-0052\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nRailsback HazMat Safety Professionals, LLC\n312 Lawrence Ave, Lawrence, KS 66049\nRex Railsback, HazMat/DOT Specialist\n913-568-3001\nrex@hazmatgeek.com\nwww.hazmatgeek.com\nThis electronic message and any files transmitted contains information from Railsback HazMat Safety\nProfessionals, LLC which is privileged, confidential or otherwise the exclusive property of the sender or\nintended recipient. If you are not the designated recipient, please be aware that any dissemination,\ndistribution or copying of this communication is strictly prohibited.\nIf you have received this electronic transmission in error, please notify us by telephone 913-568-3001, or by\nelectronic mail (by replying to the sender) and promptly destroy the original transmission.\nFrom: INFOCNTR (PHMSA) \n\n<<>>\n\nSent: Monday, June 3, 2024 1:48 PM\nTo: Rex Railsback \nSubject: RE: Request for written response for clarification of LOI 23-0052\nDear Rex,\nWe have received your request for a written letter of interpretation regarding the hazardous\nmaterials regulations (49 CFR Parts 171-180). The hazardous materials regulations are\navailable at the following URL:\nhttps://www.ecfr.gov/cgi-bin/text-idx?\nSID=1d49a3b137cb1b6fc45251074e634b44&tpl=/ecfrbrowse/Title49/49tab_02.tpl\nHowever, before we can submit your request for processing, please respond to this email with:\nPhysical Mailing Address\nSincerely,\nAminah, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be\nrequested in accordance with 49 CFR 105.20. https://www.phmsa.dot.gov/standards-\nrulemaking/hazmat/hazardous-materials-information-center\nFrom: Rex Railsback \nSent: Wednesday, May 22, 2024 9:05 AM\nTo: INFOCNTR (PHMSA) \nSubject: Request for written response for clarification of LOI 23-0052\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nThis is a request for a written response for clarification of LOI 23-0052, which appears to be\ncontrary to 171.8 and previous LOIs 15-0168R and 17-0050. LOI 23-0052 states that the\ndefinition of “bulk packaging for solids” per 171.8, is that the “weight of the battery determines\nwhether a package meeting the requirements of § 173.159(d)(1) is considered bulk or non-\nbulk.” However, the definition of “bulk packaging for solids” in 171.8 states “A maximum net\nmass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119\ngallons) as a receptacle for a solid”, which would mean that to be a bulk packaging for solids,\n\n<<>>\n\nthe net mass is greater than 400 kg AND the maximum capacity is greater than 450 L.\nWas its PHMSA’s intention to have LOI 23-0052 revise the definition in 171.8 and LOIs 15-\n0168R & 17-0050?\nRespectfully\nRex Railsback, HazMat/DOT Specialist\n913-568-3001\nrex@hazmatgeek.com\nwww.hazmatgeek.com\nThis electronic message and any files transmitted contains information from Railsback HazMat Safety\nProfessionals, LLC which is privileged, confidential or otherwise the exclusive property of the sender or\nintended recipient. If you are not the designated recipient, please be aware that any dissemination,\ndistribution or copying of this communication is strictly prohibited.\nIf you have received this electronic transmission in error, please notify us by telephone 913-568-3001, or by\nelectronic mail (by replying to the sender) and promptly destroy the original transmission.","truncated":false,"body_characters":6090}