Interpretation Response #00-0332 ([Goldfarb, Sturman & Averbach] [Mr. Steven L. Feldman])

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

Interpretation Response Details

Response Publish Date: 01/29/2001

Company Name: Goldfarb, Sturman & Averbach

Individual Name: Mr. Steven L. Feldman

Location State: CA Country: US

View the Interpretation Document

Response text:

January 29, 2001

Mr. Steven L. Feldman                  Ref. No: 00-0332
Goldfarb, Sturman & Averbach
Nineteenth Floor
15760 Ventura Boulevard
Encino, CA 91436-3012

Dear Mr. Feldman:

This responds to your November 3 0, 2000, letter requesting clarification of orientation arrow marking requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You describe a packaging that consists of one-gallon polyethylene containers of liquid hydrochloric acid placed within open-topped polyethylene crates.  This packaging configuration is manufactured under a DOT exemption (DOT E-6614).

Your questions have been paraphrased and answered as follows:

Q1.      Is the above packaging configuration considered a combination packaging or polyethylene containers inside an overpack?

Al.        The packaging configuration you have described meeting the requirements of DOT E-6614 is considered a combination packaging.  The inner polyethylene containers are not authorized for shipment as a single packaging; they must be placed in the outer open-topped polyethylene crate to meet the terms of the exemption, and thus be shipped as a combination packaging.

Q2.      If each one-gallon polyethylene inner container that has a screw cap is hermetically sealed, must
the outer container be marked as required by § 172.312?                     

A2.      The answer is no.  As provided by § 172.312(c)(5), a non-bulk packaging with hermetically
sealed inner packagings need not be marked with orientation arrows.

Q3.    Does DOT E-6614 provide for an exception to § 172.312?

A3.      The answer is no.  DOT E-6614 provides relief from the packaging requirements of §§
173.202 and 173.203 only.

I hope this information is helpful.

Sincerely,

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

172.312

Regulation Sections