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Interpretation Response #00-0248 ([H&G Inspection Company, Inc.] [Mr. Craig Konieczny])

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

Interpretation Response Details

Response Publish Date:

Company Name: H&G Inspection Company, Inc.

Individual Name: Mr. Craig Konieczny

Location State: TX Country: US

View the Interpretation Document

Response text:

September 26, 2000


Mr. Craig Konieczny                                 Ref No. 00-0248
H&G Inspection Company, Inc.
P.O. Box 721856
Houston, Texas 77272

Dear Mr. Konieczny:

This is in response to your August 31, 2000 letter requesting clarification regarding the requirements for an overpack under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80).  You state that you transport radioactive exposure devices that, in themselves, are approved Type B containers.  The devices are packed in open containers (tupperware type without a lid) to prevent movement during transportation to a job site in your enclosed company trucks.  You state that the hazard warning label on an exposure device is partially visible inside the unlabeled open-top tupperware type container.  You state that you believe the tupperware container is not required to be labeled because it does not qualify as an overpack as defined in § 171.8 and because the device is not being offered for transportation to another carrier.  Your company was cited by the State of Utah for not marking and labeling an overpack in accordance with § 173.25(a) of the HMR.  Specifically, you ask whether your open tupperware type container qualifies as an overpack.

The answer is yes, based on the information provided to this office.  An overpack, as defined in § 171.8, means an enclosure used by a single consignor to provide protection or convenience in handling of a package or to consolidate two or more packages.  Each inner package must be marked and labeled in accordance with the HMR.  In addition, when an overpack is used, it must be marked with the proper shipping name and identification number, and labeled for each hazardous material it contains unless the markings and labels representative of each hazardous material in the overpack are visible.  The overpack must also be marked with a statement indicating that inside (inner) packages comply with prescribed specifications when specification packaging are required.

Lastly, a company falls within the scope of the HMR if it transports hazardous materials for commercial purposes, such as retail sale, or for furtherance of a commerce at endeavor, such as supplies used in operation of the business A private carrier is required to comply with the requirements contained in the HMR unless a specific exception is provided.  Hazard warning labels and package markings are used to communicate the hazards of the hazardous material contained within the package not only to carrier personnel but also to enforcement and emergency responders when hazardous materials are involved in transportation incidents.

I  hope this information is helpful.  If we can be of further assistance, please contact us.

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards



Regulation Sections

Section Subject
173.25 Authorized packagings and overpacks