{"operation":"document","citation":"99-0072","title":"Kinsbursky Brothers Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-04-20","effective_on":null,"summary":"99-0072 response to Kinsbursky Brothers Inc. concerning 173.240.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0072.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0072.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0072","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990072.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C.\n400 Seventh Street, S.W.\nResearch and\n20590\nSpecial Programs\nAdministration\nAPR: 2 O 1999\nMr. Paul D. Johnson\nDirector of Environmental Affairs\nRef..\nNo.\n99-0072\nKinsbursky Brothers Inc.\n1314 N. Lemon Street\nAnaheim, CA\n92801\nDear Mr. Johnson:\nThis is in response to your letter dated March 17, 1999\nregarding the bulk packaging requirements under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask whether non-specification non-bulk\npackagings of Lithium hydroxide monohydrate (UN2680) may be\nfurther packaged in a sift-proof non-DOT specification closed\nbulk bin, to satisfy S 173.240\nThe answer is yes. As provided in § 173.240, a non-\nTithium hydroxide monohydrate (UN2680). The fact that the\nspecification closed bulk bin is an authorized packaging for\nmaterial is already packaged in non-bulk packagings is not\nrelevant.\nI hope this information is helpful.\nSincerely,\nThoma A. Allan\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n990072\n173.240\n\n<<<PAGE 2>>>\n\nKINSBURSKY\nBROTHERS\nGale\nMarch 17,1999\nIN C\n§123.240\nEdward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n990072\nUSDOT-RSPA (DHM-10)\n400 Seventh St. SW\nWashington, D.C 20590-0001\nDear Mr. Mazzullo,\nI am requesting a letter of interpretation from your office in order to clarify the packaging\nregulations as they apply to bulk containers with inner packages.\nSpecifically, I am trying to prepare for transit, a load of LiOH (Lithium Hydroxide Monohydrate,\nsolid, 8, UN2680, PGII) currently at a processing facility in Columbus, Ohio, packaged in non-\nUN approved containers. I have arranged for the material to be shipped in a sift-proof non-DOT\nspecification portable closed bulk bin, as provided in 49 CFR §173.240 (see attached).\nMr. Todd Nash, from the Hazardous Material Information Center, has also suggested this method\nof packaging. This reasoning is further supported by a letter from your office dated January 30,\n1998 (see attached). In this letter, your office is addressing asbestos in a similar situation stating;\n\"As provided in § 173.240, a non-specification closed bulk bin is an authorized bulk packaging\nfor both of the described Class 9 materials. The fact that the material is already packaged in\nbags is not relevant to this scenario\".\nSince 173.240 also applies to LiOH in bulk containers, it would seem one would come to the\nsame conclusion.\nHowever, a misinformed gentleman in charge of the Ohio facility, has sent a letter stating that he\nwill not allow the LiOH to be loaded with out first receiving a letter from the Department\nauthorizing this type of shipment. The same gentleman is charging my firm a storage fee and\noffering a repackaging service at a grossly inflated price. It is therefor imperative that I provide\ndocumentation authorizing this type of packaging.\nYour clarification on this matter is greatly appreciated. If you have any questions, please contact\nmy office at (714) 738-8516.\nPaul D. Johnson\nDirector of Environmental affairs\nKinsbursky Brothers Inc\n1314 N. Lemon Street Anaheim, California 92801 (714) 738-8516 (800) 548-8797 FAX (714) 441-0857","truncated":false,"body_characters":3233}