Interpretation Response #09-0175 ([California Department of Fish and Game] [Mr. Charles R. Todd])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: California Department of Fish and Game
Individual Name: Mr. Charles R. Todd
Location State: CA Country: US
View the Interpretation Document
Response text:
September 3, 2009
Mr. Charles R. Todd
California Department of Fish and Game
2005 Nimbus Road
Rancho Cordova, CA 95670
Ref. No. 09-0175
Dear Mr. Todd:
This responds to your June 20, 2009 letter requesting clarification of authorized packaging for small quantities of hazardous materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether hazardous material wrapped in aluminum foil and placed in plastic bags is an acceptable method of packaging under the small quantities exceptions in § 173.4; and whether there are alternatives to these exceptions.
According to your letter, your agency ships, by highway and air, samples of bird feathers contaminated with oil to laboratories for analysis. You indicate the types of oil found on the feathers meet the definition of Class 3 flammable liquids in Packing Group III. For evidence collection purposes, the samples are wrapped in aluminum foil and placed in plastic bags.
The packaging method described in your letter and illustrated in the photographs enclosed with your letter does not conform to the packaging authorized under § 173.4. You should be aware that these small quantities exceptions are limited to domestic transportation by highway and rail. Small quantities of hazardous materials shipped by air may be eligible for exceptions under §§ 173.4a (excepted quantities) or 173.4b (de minimus exceptions). However, although a residue of oil remains on the bird feathers, it is the opinion of this Office that the packaging method used for shipment of the bird feathers is sufficient to mitigate the minimal hazard present during the course of transportation. Therefore, provided there is no free liquid in the plastic bag, or there is sufficient absorbent material in the outer packaging to absorb any release of free liquid from the plastic bag, shipments of the bird feathers with surface residues of oil using the packaging method described in your letter and illustrated in the photographs are not subject to the HMR.
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
173.4
Regulation Sections
| Section | Subject |
|---|---|
| 173.4 | Small quantities for highway and rail |