{"operation":"document","citation":"98-0502","title":"Department of the Army — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-04-09","effective_on":null,"summary":"98-0502 response to Department of the Army concerning 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0502.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0502.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0502","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980502.pdf","body":"<<<PAGE 1>>>\n\ni'A.\nof Transportation\nU.S. Department\nWashington, D C\n400 Seventh Street, S.W\n20590\nSpecial Programs\nResearch and\nAdministration\nAPR\n9 1998\nMs. Marcia C. Davies, Ph.D.\nDepartment of the Army\nCorps of Engineers, Omaha District\nHTRW Center of Expertise\n12565 West Center Road\nOmaha, Nebraska 68144-3869\nDear Dr. Davies:\nThis is in response to your letter of March 4, 1998, requesting clarification of the packaging\nrequirements for small quantities of hazardous materials under the Hazardous Materials\nRegwations (4) Crk parts 171-180). Specifically you ask whether the prototype testing\nrequired by § 173.4(a)(6) requires each test to be performed on the same packaging.\nThe answer is no. As you pointed out in the original HM-181 final rule (55 FR 52402)\n§ 173.4 has a note which states \"Each of the test in paragraph (a)(6) of this section may be\nperformed on a different but identical package; i.e., all tests need not be performed on the\nsame package.\" Therefore, the intention of this section is that you may perform each test on\na different package. This point will be clarified in a future rulemaking.\nI hope this information is helpful.\n•\nSincerely,\nSubmit this\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nDEPARTMENT OF THE ARMY\nCORPS OF ENGINEERS, OMAHA DISTRICT\nLabelle\nHTRW CENTER OF EXPERTISE\nOMAHA, NEBRASKA 68144-3869\n12565 WEST CENTER ROAD\nFile: 173.4\nREPLY TO\nTTENTION OF\n04 MAR 1998\nEnvironmental Cost, Compliance and Technology Branch\nHTRW Center of Expertise\nDiane LaValle\nOffice of Hazardous Materials Standards\n400 7th SW\nWashington D.C. 20590\nDear Ms. LaValle:\nIn follow up to our telephone conversation on February 27, 1998 regarding the Department of\nTransportation regulations found at 49 CFR 173.4 Small quantity exceptions, I am writing on\nbehalf of the U.S. Army Corps of Engineers HTRW Center of Expertise to confirm our\nunderstanding of the testing requirements specifically identified under 49 CFR 173.4(a)(6). In\nreading 49 CFR 173.4(a)(6), one could interpret the language to mean that the shipper must\ndevelop a prototype package and subject a single prototype package to all five drop tests and the\ncompression test identified in 49 CFR 178.606(c).\nHowever, upon reviewing the original HM-181 final rule (55 FR 52608) language associated\nwith 49 CFR 173.4(a)(6), an explanatory note was found stating: \"Note: Each of the tests in\nparagraph (a)(6) of this section may be performed on a different but identical package i.e., all\ntests need not be performed on the same package.\"\nWe have examined Federal Register notices affecting section 173.4 from the original\npublication date to the present and have not been able to find any language that would indicate\nthat Research and Special Programs Administration has deleted this clarification note, neither\nhave we been able to find the explanatory note printed in any later published Title 49 Code of\nFederal Regulations.\nTherefore, we are requesting clarification on the testing requirements for packages intended\nto be covered under the Small quantity exception criteria and whether or not the 12/21/90\nclarification note stands. We would further request that if the Office of Hazardous Materials\nStandards is aware of any additional clarification language that a copy or reference be provided.\nOur point of contact is Ed Bave. If necessary, he can be reached at (402) 697-2634. Thank you\nfor your prompt attention in this matter.\nSincerely,\n-\nМалам\nMarcia C. Davies, Ph.D.\nDirector, USACE Hazardous,\nToxic and Radioactive Waste\nCenter of Expertise\nEnclosures\nPrinted on\nRecycled Paper","truncated":false,"body_characters":3641}