Yellow Freight System, Inc. — Hazardous Materials Safety Interpretation

Page 1• • of Transportation U.S. Department 400 Seventh Street, S. Research and • Washington, D.C. 20590 Administration Special Programs AUG :5 1998 Mr. Robert A. Maberry III Chemical Transportation Administrator ReI. No: 98-0168 Yellow Freight System, Inc. P.O. Box 7270/66207 Overland Park, KS 66211 Dear Mr. Maberry: This is in response to your letter dated June 30, 1998, requesting clarification on shipping paper requirements pertaining to net weight and gross weight under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Specifically, you ask whether an overpack containing one package of hazardous material and one package of unregulated material may be described with the gross weight of the entire overpack. • The answer is yes. quantity for each hazardous material description may be indicated In accordance with § 172.202 (a) (5), the total as net or gross weight, capacity, or as otherwise appropriate. If gross weight is indicated, net weight is not required. Net weight is the weight of the contents within the packaging (i.e., 5 pounds). As defined in $ 171.8, gross weight is the weight of the packaging plus the weight of its contents (i.e., 60 pounds, where 5 pounds is the hazaidous material and 55 pounds is the packaging). I hope this satisfies your request. Sincerely, Submit this Delmer F. Billings Chief, Regulations Development Office of Hazardous Materials Standards • •#

Page 2• BAH TELLIN File: 172.202 YELLOW FREIGHT SYSTEM, INC. PO. BOX 7270 / 66207 • 10990 ROE AVENUE / 66211 OVERLAND PARK, KANSAS (913) 345-3000 300 June 3, 1998 98-0168 Mr. Edivard Mozzullo U.S. Dept. of Transportation / RSPA (DHM) Director of Hazardous Material Standards 400 7th Street S.W. Washington, D.C. 20590 Mr. Mozzullo, packages Battery fluid, acid, 8, UN2796, Il in a plastic receptacle and places it into a 4G corrugated box 1 am requesting an interpretation of the requirements imposed by 49 CFR 172.202 (A) (5). If a person, (combination packaging / 49 CFR 171.8) as allowed by 49 CFR 173.202, then packages a non-regulated, dry battery in a separate 4G corrugated box, we now have two independent packages (49 CFR 171.8). These no packaging, are now placed into a overpack (49 CFR 171.8) and properly marked and labeled. commodity in the same overpack. We now have livo separate packaging, one a regulated hazardous material and one a non regulated 49 CFR 172.202 (a) (5), states that the shipping paper must state the total quantity (by net or gross mass, MATERIAL COVERED BY THE DESCRIPTION. capacity or otherwise appropriate), including the unit of measurement OF THE HAZARDOUS should not included in the weight of the hazardous material as it is not a part "OF THE HAZARDOUS In this case the weight of the battery which is separately packaged and is not a regulated commodity MATERIAL COVERED BY THE DESCRIPTION." That description being "Battery fluid, acid, 8, UN2796, II." follows: 1 therefore conclude that the most appropriate description in compliance with 49 CFR would be as 1 box of non regulated battery, dry, weighing 55 ibs. carton, said to contain, one box of Battery fluid, acid, 8, UN2796, II weighing 5 Ibs. and one total 60lbs The above description clearly identifies the weight of both the regulated hazardous material and the non regulated commodities in the carton (overpack). I believe the above description both complies with CFR materials in the carton, which allows the emergency responders to better access the danger represented in 49 regulations and accurately communicates to emergency responders the true amount of hazardous an emergency situation. I appreciate your review of my analysis and your written interpretation or correction to my understanding of the 49 CFR regulation. OD-146GO (Rov. 3193) Proud Partner Of The Chemical Manufacturing Associations Responsible Care® Program recycled and recyclable#

Page 3.. = Page 2 Should you need to contact me, feel free to call me at (913) 344-5890 and thank you for you help in this matter. Sincerely, Robert A. Maberry IIT. Chemical Transportation Administrator cc: Environmental Services Dale Goetz Legal Jerry Bowlin File#