Interpretation Response #03-0023
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Apr 3, 2003
Mr. Mike Jennings Reference No. 03-0023
Leslie’s Poolmart, Inc.
3925 E. Broadway Rd., Suite 100
Phoenix, AZ 85040
Dear Mr. Jennings:
This is in response to your letter concerning the segregation and separation requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a shrink-wrapped pallet of Class 8 (corrosive) liquids and a shrink-wrapped pallet of Class-5.1 (oxidizer) hazardous materials may serve to satisfy the separation requirements in § 177.848 (e) (3). You believe the shrink wrap would prevent the commingling of the hazardous materials.
The answer is no. A packaging may not be used to satisfy the requirements of § 177.848(e)(3). In accordance with paragraph (e)(3), separation must be accomplished by a means of physical separation, such as non-permeable barriers, nonreactive freight, or non-combustible, non-reactive absorbents between the packagings of hazardous materials required to be separated. The integrity of a packaging may not be used as a physical barrier because if the packaging should fail, commingling of the hazardous materials could not be prevented.
I hope you find this information helpful. If you have further questions, please do not hesitate to contact this office.
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
office of Hazardous Materials Standards
|§ 177.848||Segregation of hazardous materials|