Interpretation Response #15-0168 ([AECOM] [Andrew N. Romach])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: AECOM
Individual Name: Andrew N. Romach
Location State: NC Country: US
View the Interpretation Document
Response text:
December 11, 2015
Andrew N. Romach
Regulatory Compliance Manager
AECOM
1600 Perimeter Park Drive
Morrisville, NC 27560
Ref. No. 15-0168
Dear Mr. Romach:
This responds to your August 10, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of a bulk packaging as it relates to a solid material. In your email, you describe a non-specification packaging that can accommodate a maximum net mass greater than 400 kg (882 lbs) and has a maximum capacity less than 450 L (119 gallons). You ask whether it meets the definition of bulk packaging or non-bulk packaging.
In accordance with § 171.8, the definition of a bulk packaging is a packaging with a "maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid." Conversely, the definition of a non-bulk packaging is a packaging with a "maximum net mass of 400 kg (882 pounds) or less and a maximum capacity of 450 L (119 gallons) or less as a receptacle for a solid." Based on a strict reading of each of these definitions, your packaging would meet neither of these definitions; however, it is the opinion of this Office that the packaging you describe would be considered a bulk packaging.
On October 1, 1992, PHMSA's predecessor agency, the Research and Special Programs Administration (RSPA) published a final rule in Docket No. HM-181 (57 FR 45446) to correct editorial errors and make minor regulatory changes to the December 21, 1990 and December 20, 1991 final rules under Docket No. HM-181. This final rule re-defined a "bulk packaging" from a packaging with a net mass greater than 400 kg or maximum capacity greater than 450 L, to a packaging with a net mass greater than 400 kg and a maximum capacity greater than 450 L. This revision created the possibility for a packaging to be unable to meet the definition of a bulk or non-bulk packaging. This was not our intention; therefore, it is our opinion that a "bulk packaging" means a packaging which has either a maximum net mass greater than 400 kg (882 pounds) or a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
171.8
Regulation Sections
| Section | Subject |
|---|---|
| 171.8 | Definitions and abbreviations |