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Interpretation Response #03-0019 ([Hangsterfer's Laboratories, Inc.] [Mr. Frank J. Murray])

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

Interpretation Response Details

Response Publish Date:

Company Name: Hangsterfer's Laboratories, Inc.

Individual Name: Mr. Frank J. Murray

Location State: NJ Country: US

View the Interpretation Document

Response text:

Mar 21, 2003

 

Mr. Frank J. Murray                Reference No. 03-0019
EH&S Manager
Hangsterfer's Laboratories, Inc.
P.O. Box 128
Mantua, NJ 08051

Dear Mr. Murray:

This is in response to your January 14, 2003, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to bulk and non-bulk packaging.  Specifically, you request the definition of bulk and non-bulk packagings used for the shipment of short-chain chlorinated paraffins (C10 - C13), a marine pollutant, via all modes of transportation.

As defined in § 171.8, a bulk packaging means a packaging, other than a vessel or a barge, including a transport vehicle or freight container, in which hazardous materials are loaded with no intermediate form of containment and which has: a maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid; a maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid; or a water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas.  A non-bulk packaging means a packaging which has: a maximum capacity of 450 L (119 gallons) or less as a receptacle for a liquid; a maximum net mass of 400 kg (882 pounds) or less and a maximum capacity of 450 L (119 gallons) or less as a receptacle for a solid; or a water capacity of 454 kg (1000 pounds) or less as a receptacle for a gas.

As required in § 172.322, a packaging containing a marine-pollutant must have the “Marine Pollutant” mark placed on each bulk and non-bulk packaging when transported by vessel.  For transportation by highway, rail, or air, the “Marine Pollutant” mark is required on each bulk packaging that contains a marine pollutant, and each vehicle or freight container that contains a package that requires the “Marine Pollutant” mark.  However, as provided in § 172.322(d)(3), except when transported by vessel, the “Marine Pollutant” mark is not required on a bulk packaging, freight container or transport vehicle that is already labeled or placarded in accordance with Subpart E or F, respectively, of Part 172 of the HMR.  In addition, as provided in § 171.4(c), except when transported by vessel, the requirements of this subchapter specific to marine pollutants do not apply to non-bulk packagings transported by motor vehicles, rail cars or aircraft.

I hope this information is helpful.  If we can be of further assistance, do not hesitate to contact us.

Sincerely,

 

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

171.8, 172.322

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.322 Marine pollutants