Interpretation Response #03-0067 ([Elemental Container, Inc.] [Mr. Benoit Ramet])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Elemental Container, Inc.
Individual Name: Mr. Benoit Ramet
Location State: NJ Country: US
View the Interpretation Document
Response text:
Mar 26, 2004
Mr. Benoit Ramet Reference No.: 03-0067
Elemental Container, Inc.
860 Springfield Road South
Union, New Jersey 07083
Dear Mr. Ramet:
This is in response to Your February 26, 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.
On July 31, 2003, we published a final rulemaking under Docket HIM-215E (68 FR 45032). In the final rule, we revised § 173.27(e) to require packagings with plastic and metal inner packagings to be packed using absorbent material when Packing Group I or II liquids of Class 3, 4, or 8 or Division 5. 1, 5.2 or 6.1 are offered for transportation by passenger or cargo aircraft.
Currently, the requirement to use absorbent material applies to Packing Group I and II materials when offered for transportation by passenger aircraft. Further clarification on use of absorbent material will be addressed in a future rulemaking.
I hope this satisfies your request.
Sincerely,
Edward T. Mazzulla
Director, Office of Hazardous Materials
Standards
173.27
Regulation Sections
| Section | Subject |
|---|---|
| 173.27 | General requirements for transportation by aircraft |