Interpretation Response #01-0069 ([Eastman Kodak Company] [Mr. Carl Spurchise])

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

Interpretation Response Details

Response Publish Date: 05/24/2001

Company Name: Eastman Kodak Company

Individual Name: Mr. Carl Spurchise

Location State: NY Country: US

View the Interpretation Document

Response text:

MAY 24, 2001

Mr. Carl Spurchise                               Ref. No. 01-0069
Dangerous Goods Transportation Analyst
Kodak Environmental Services
Eastman Kodak Company
1600 Lexington Ave.
Rochester, NY 14652-0174

Dear Mr. Spurchise:

This responds to your March 6, 2001 letter and subsequent telephone conversations with Eric Nelson of my staff requesting clarification of requirements for the reuse of combination packages under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Your questions are paraphrased and answered as follows:

Ql.  What is the applicability of § 173.28 to a combination packaging consisting of a fiberboard outer packaging and a 4.0 liter capacity plastic inner bag with a thickness of 29 mil?

Al. Both outer packagings and inner packagings are subject to the general reuse provisions of § 173.28. Because the packaging is a combination packaging, the leakproof test and marking requirements do not apply.  According to § 178.28(b)(3), packagings made of plastic film may not be reused.  Therefore, in the case described above, the outer packaging is subject to the general reuse provisions of § 173.28 and the inner plastic bag may not be reused.

Q2.    Can Kodak personnel transport Class 8 materials in the above-mentioned packaging to
 service (drain and refill) remotely-located equipment under the materials of trade exception of §
 173.6?

A2.    Yes, you may transport Class 8 materials under the materials of trade (MOTS) exception if
 the materials do not meet the definition for hazardous wastes.  If you transport a Class 8 material
 under the MOTS exception, it must be contained in a packaging having a gross mass or capacity
 not over 30 kg (66 pounds) or 30 L (8 gallons) for a Packing Group 11 or III material.
 Packagings must be leak tight for liquids and gases, sift proof for solids, and be securely closed,
 secured against movement, and protected against damage.

Except for diluted mixtures, the aggregate gross weight of all materials of trade on a motor vehicle may not exceed 200 kg (440 pounds).

I hope this satisfies your request.

Sincerely,

Transportation Regulations Specialist
Office of Hazardous Materials Standards

171.12

Regulation Sections