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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #00-0236 ([Lilly Industries, Inc.] [Ms. Sheri Adams])

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

Interpretation Response Details

Response Publish Date:

Company Name: Lilly Industries, Inc.

Individual Name: Ms. Sheri Adams

Location State: IL Country: US

View the Interpretation Document

Response text:

November 3, 2000

Ms. Sheri Adams                Ref. No.0-0236
Lilly Industries, Inc. Moline
5400 23rd Avenue
Moline, IL 61265

Dear Ms.; Adams:

This is in response to your letter of August 21, 2000 requesting clarification of the packaging provisions for paint shipped in 5 L (1 gallon) containers under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you asked what constitutes a "strong outer packaging," whether you are excepted from required use of UN performance packaging under the requirements in §173.173(b)(2), and whether a UN performance packaging may be used if the total weight of the package exceeds the maximum gross mass marked on the UN packaging.

A "strong outer packaging" or "strong outside container"   (i.e., non-specification packaging) is defined in §171.8 and means the outermost enclosure which provides protection against the unintentional release of its contents under conditions normally incident to transportation.  Non-specification packages are authorized for use under §173.173(b)(2), and are not required to meet the requirements of Part 178.  Packages prepared in accordance with this section must meet the general requirements for packagings under '§173.24 and §173.24a.

When using a UN packaging as a non-specification packaging you are not required to comply with the maximum gross mass marking on the packaging.  However, you may want to obscure the UN markings to avoid confusion on the part of cargo acceptance or enforcement personnel.

I hope this satisfies your inquiry.  If we can be of further assistance, please contact us.


Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.173 Paint, paint-related material, adhesives, ink and resins.