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Interpretation Response #02-0269 ([Defense Logistics Agency] [F. Kevin Reilly])

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

Interpretation Response Details

Response Publish Date:

Company Name: Defense Logistics Agency

Individual Name: F. Kevin Reilly

Location State: VA Country: US

View the Interpretation Document

Response text:

Nov 7, 2002

Mr. F. Kevin Reilly                 Reference No. 02-0269
Director, Directorate of Environmental Management
Defense Logistics Agency
8725 John J. Kingman Road, Suite 3229
Ft. Belvoir, VA 22060-6223

Dear Mr. Reilly:

This is in response to your September 12, 2002 letter concerning marking and labeling requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-4,80).  Specifically, you request written confirmation of a verbal opinion you received from our Hazardous Materials Information Center (HMIC) regarding marking requirements on flasks of mercury.  In your situation, you wish to place a number of metal flasks containing mercury in 30-gallon, UN Specification, 1A2 drums meeting the PG I requirements for solids or inner containers.  Each metal flask meets the packaging requirements for mercury under § 173.164(d). Your question is whether each flask-must be marked and labeled, or if each 30-gallon drum may be marked and labeled without marking and labeling the inside metal flasks.

The interpretation you received from HMIC is correct.  As authorized in § 173.164(d), the flasks can be considered inner packagings and the 30-gallon drums meet the required outer packaging requirements.  Therefore, each 30-gallon drum must be marked and labeled.  If the drums are overpacked on a pallet secured with shrinkwrap or other material and the markings and labels on the drums are not visible through the overpack, then the overpack will require the marking and label that appears on the drums.

I hope this satisfies your request.


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


Regulation Sections

Section Subject
173.164 Mercury (metallic and articles containing mercury)