Interpretation Response #08-0294 ([The Law Offices of Michael A. Capuzzi] [Mr. Michael A. Capuzzi, Esq.])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: The Law Offices of Michael A. Capuzzi
Individual Name: Mr. Michael A. Capuzzi, Esq.
Location State: IL Country: US
View the Interpretation Document
Response text:
December 30, 2008
Mr. Michael A. Capuzzi, Esq.
The Law Offices of Michael A. Capuzzi
6314 North Wyndwood Drive
Crystal Lake, IL 60014
Ref. No. 08-0294
Dear Mr. Capuzzi:
This is in response to your letter dated December 1, 2008, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for confirmation of your understanding of the labeling requirements for limited quantities of corrosive materials.
In your letter, you state a typical shipment consists of seven boxes, containing a total of 84, one-half pound jars of a material described as "Corrosive solid, n.o.s. (Zinc chloride, lithium chloride-anhydrous mixture), UN1759, PG II" and two boxes containing a total of 24, thirty-two ounce bottles of a material described as "Corrosive liquid, n.o.s. (Zinc chloride, Hydrochloric acid), UN 1760, PG III." The nine boxes are shipped together on a shrink wrapped pallet.
The HMR provide exceptions for limited quantities of Class 8 materials, depending on how they are packaged and transported. Section 173.154(b) authorizes Class 8 Packing Group II materials to be transported as a limited quantity when placed in inner packagings with a capacity of up to 1.0 L (0.3 gal) for liquids or 1.0 kg (2.2 pounds) for solids placed in a strong outer packaging. Class 8 materials meeting Packing Group III may be transported as a limited quantity when placed in inner packagings of a capacity of up to 5 L (1.3 gallons) for liquids or 5 kg (11 pounds) for solids placed in a strong outer packaging. The completed package must not exceed 30 kg (66 pounds). When complete, the package must conform to the general packaging requirements prescribed in §§ 173.24 and 173.24a. When transported by aircraft, the Class 8 material must be authorized for transport on board passenger-carrying aircraft, and the package must conform to the general requirements for transportation by aircraft prescribed § 173.27. Limited quantity packages are excepted from labeling, unless transported by aircraft, and placarding, as prescribed in Subparts E and F of Part 172. Packages containing limited quantities must be marked in accordance with Subpart D of Part 172 and the shipping paper must include the words "Limited Quantity" or "Ltd Qty" following the basic description.
Based on the information you provided, the nine boxes placed onto a pallet and surrounded in shrink wrap would meet the definition of an overpack. Authorized packages containing hazardous materials may be offered in an overpack when they meet the requirements of § 173.25. The overpack must be marked with the proper shipping name and identification number and labeled as applicable, unless the markings and labels representative of each hazardous material in the overpack are visible.
I hope this satisfies your inquiry. If we can be of further assistance, please contact us.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
172.101, 173.154, 173.24, 173.24a