Interpretation Response #12-0166 ([Thermo Fisher Scientific] [Mr. John G. Mayfield])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 12/05/2012

Company Name: Thermo Fisher Scientific

Individual Name: Mr. John G. Mayfield

Location State: PA Country: US

View the Interpretation Document

Response text:

This is in response to your August 7, 2012 email and follow-up telephone discussion requesting clarification of the packaging requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You observe that for Titanium powder, dry, UN2546, special provisions N5 and N34 are assigned to packing group II, but not to packing group I or III. Special provisions N5 and N34 respectively provide that glass or aluminum materials of construction are not authorized for any part of a packaging which is normally in contact with the hazardous material. You question the applicability of these two special provisions, note that you currently have this material, in packing group II, packaged in glass inner receptacles, and ask whether the glass inner receptacles are authorized for use under the HMR.

The use of glass receptacles as an inner packaging for Titanium powder, dry, UN2546, packing group II, is not authorized under the HMR. As the HMR is currently written, for the material in packing group II, special provision N5 prohibits the use of glass materials of construction for any part of a packaging that is normally in contact with the hazardous material. You may wish to apply for a special permit in accordance with the requirements in § 107.105 to ship material as currently packaged.

However, under both the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Maritime Dangerous Goods (IMDG) Code, glass receptacles are authorized for use as inner packagings for this material in packing group II. If the material as described is shipped in accordance with the ICAO Technical Instructions or the IMDG Code, and complies with HMR §§ 171.22, 171.23, 171.24, and 171.25 as applicable, then the use of glass inner receptacles is permitted.

The appropriateness of the HMR assignment of special provisions N5 and N34 to Titanium powder, dry, UN 2546, packing group II may be considered for a future rulemaking. If you believe a change in HMR is warranted, you are welcome to file a petition for rulemaking in accordance with § 106.95 including all information (see § 106.100) needed to support your petition.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division

107.105

Regulation Sections