Interpretation Response #03-0025 ([HAZMATPAC Certified Packaging] [Mr. Donald H. Hausmann])

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

Interpretation Response Details

Response Publish Date: 07/11/2003

Company Name: HAZMATPAC Certified Packaging

Individual Name: Mr. Donald H. Hausmann

Location State: TX Country: US

View the Interpretation Document

Response text:

Jul 11, 2003

Mr. Donald H. Hausmann                Reference No. 03-0025
HAZMATPAC Certified Packaging
5301 Polk Street, Building 18
Houston, Texas 77023

Dear Mr. Hausmann:

This is in response to your January 29, 2003 letter requesting clarification of the requirements in § 173.27(e) in the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180) and the exception in that section which states:

“Absorbent material is not required if the inner packagings are so protected that breakage of them and leakage of their contents from the outer packaging is not likely to occur during normal conditions of transportation.”

In general terms, absorbent materials are not required when a material specified in the first sentence of § 173.27(e) is offered for transportation in a UN standard package which meets the applicable performance tests in the HMR.  One exception would be if absorbent material is specifically required by the packaging instructions applicable to the hazardous material contained in the packaging.  See for example, the ICAO Technical Instructions, Packing Instruction 304, particular packing requirements 6 and 13  which require the use of absorbent material without exception.  A second exception is where the actual “normal conditions of transport” which the package may experience are not adequately addressed by the performance tests associated with a particular UN standard.  As stated in 49 CFR 178.601 (a), the performance test procedures “are considered minimum requirements” and “each packaging must be manufactured and assembled so as to be capable of successfully passing the prescribed tests and of conforming to the requirements of § 173.24 ... at all times while in transportation.” If packages experience particularly harsh treatment in a distribution system which may result in breakage or leakage, even though the packages have passed UN performance tests, absorbent material may be necessary to ensure that the effectiveness of the packaging is not substantially reduced and there is no release of the hazardous material from the outer packaging.

Further clarification on the use of absorbent material will be addressed in a future rulemaking.

I hope this satisfies your request.

Sincerely,

Edward T. Mazzullo
Director, Office of Hazardous Materials
 Standards

173.27(e)

Regulation Sections