Interpretation Response #15-0038 ([Hazardous Materials Consultant] [Mr. Mark B. Hawk])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Hazardous Materials Consultant
Individual Name: Mr. Mark B. Hawk
Location State: TN Country: US
View the Interpretation Document
Response text:
May 5, 2015
Mr. Mark B. Hawk
Hazardous Materials Consultant
49 Palisades Parkway
Oak Ridge, TN 37830
Reference No. 15-0038
Dear Mr. Hawk:
This is in response to your July 16, 2014 e-mail and attached letter, forwarded to the Standards and Rulemaking Division on February 25, 2015, requesting clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) concerning use of a Department of Transportation (DOT) Specification 7A, Type A container with a package mass less than the qualified package mass of the container. We have paraphrased your questions and answered them in the order you provided.
Q1. Can a DOT Specification 7A, Type A container that has been qualified to a package mass equal to or greater than 5,000 kilograms (11,000 pounds) but less than 10,000 kilograms (22,000 pounds) be used for a shipment having a package mass less than 5,000 kilograms (11,000 pounds) without any additional testing or demonstration of compliance per § 173.461?
A1. The answer is no. The package described in your scenario cannot be used without additional testing or demonstration of compliance. The Type A packaging tests specified in § 173.465 require a free drop distance of 0.9 meters (3 feet) for packages with a mass between 5,000 and 10,000 kilograms; for packages under 5,000 kilograms, the free drop distance specified in § 173.465 is 1.2 meters (4 feet). Thus, a package which has been qualified for the greater mass (and lower drop distance) would need to be re-qualified for the lesser mass (and higher drop distance) per the requirements in § 173.465. The impacts of any other changes in the properties of the contents would also need to be assessed against the requirements of § 173.465.
Q2. If any additional demonstration of compliance is required, please specify what testing and/or documentation is required.
A2. Testing, or other demonstration of compliance in accordance with § 173.461, must be done to show the package meets the requirements of § 173.465. The testing or other demonstration of compliance must be documented in accordance with the requirements of § 173.415(a).
I hope this satisfies your request.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.46, 173.465
Regulation Sections
| Section | Subject |
|---|---|
| 173.465 | Type A packaging tests |