{"operation":"document","citation":"98-0594","title":"Greif Bros. Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-06-04","effective_on":null,"summary":"98-0594 response to Greif Bros. Corporation concerning 171.8, 178.503.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0594.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0594.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0594","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980594.pdf","body":"<<<PAGE 1>>>\n\nof Transportatiol\n.s. Departmen\n400 Seventh Street, S.W.\nResearch and\nWashington, D.C.\n20590\nSpecial Programs\nAdministration\nJUN - 4 1998\n- TREELI\nMr. Joseph Grebe\nManager, Testing and Technical Service\nGreif Bros. Corporation\n1201-A South Houk Road\nDelaware, Ohio 43015\nDear Mr. Grebe:\nThis is in response to your letter dated March 20, 1998, regarding the package marking\nréquirements in 49 CFR 178.503(a)(4)(ii) under the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). Specifically, you ask us to define the terms \"net mass\" and \"gross\nmass.\"\nThe term gross mass is defined in § 171.8 as \"the weight of a packaging plus the weight of its\ncontents.\" The term \"net mass\" means the weight of the contents in a packaging. The\ndifference between the two terms is the fact that you include the weight of the packaging in\ndetermining its gross mass but you do not include the weight of the packaging when\ndetermining its net mass. Therefore, a steel open head drum that weighs 35 kilograms and\nhas a maximum net mass of 400 kilograms would be correctly marked as \"IA2/X435/S...\" in\naccordance with § 178.503(a)(4)(ii).\nI hope this satisfies your request.\ni\nOffice of Hazardous Materials Standards\n.........\n\n<<<PAGE 2>>>\n\n2.52\n..:\n:..:\nta\".\n.::\n•.\nGREIF BROS. CORPORATION\nESTABLISHED 1877\n1201-14 SouthH\nTesting & Technical Service Office\n•\nDel 0 43015\nRd\nRESEARCH AND DEVELOPMENT BUILDIN\n1201A SOUTH HOUK ROA\nDELAWARE, OHIO 43015\nFAX:(740) 549-61\n(740) 549-61\nMarch 20, 1998\n740549\nMr. Edward Mazzullo\n612(\nDirector\nUnited States Department of Transportation\nOffice of Hazardous Materials Standards (DHM-10)\nWashington, DC 20590-0001\n400 7th St., S.W.\nRe: Emergency Interpretation of Packaging Marking Requirements\nsolid hazardous materials.\nWe have discovered a serious difference of interpretation with regard to maximum markings for containers certified for\nWe manufacture steel salvage drums with a certification of 1A2/X435/S. These drums have a tare weight of\nThis difference was brought to our attention during a DOT enforcement inspection at our Sparrows Point Maryland facility.\napproximately 35 kilograms and are intended to be filled with up to 400 kilograms of net contents.\nWe have been told by the inspector, that the maximum marking that can appear on our packaging is 1A2/X400/S.\nWe believe that this is an incorrect interpretation of the regulatory citations in 49CFR.\nThe definition of net mass is \"the weight of the contents only\".\nSpecifically, 178.504 \"Standards for steel drums\" (b)(9), and all other container standards reference net mass.\nThe definition of gross mass is the package plus its contents.\nParagraph 178.503(a)(4)(i) specifically requires that drums be marked with \"... the maximum gross mass in kilograms;\".\nTherefore in our situation, a salvage drum weighing 35 kilograms used to package the maximum net mass allowed in a\nsteel drum [178.504(b)(9)](400kg) would be correctly marked as 1A2/X435/S\n-- 119 gallon drum made from lead sheet of very heavy gage. The drum would most definitely weigh in excess of 400\nAn extreme example of this problem in the enforcement branch's interpretation would be if l as a manufacturer designed a\neven when empty.\nkilograms. This drum would not be able to be used to ship any product and in fact would be in violation of the regulations\nI believe that this is the reason why the UN recommendations as well as 49CFR make the specific distinction between net\nweights and gross weights.\ndifference between net and gross mass.\nWe desperately need your assistance in correcting this error by issuing a letter of interpretation, which clearly defines the\n( Sincerely,\nJol Al.\nManager, Testing and Technical Service\nnet-gross.doc","truncated":false,"body_characters":3719}