Interpretation Response #07-0162 ([Reckitt Benckiser, Inc.] [Mr. Richard Hessen])

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

Interpretation Response Details

Response Publish Date: 10/17/2007

Company Name: Reckitt Benckiser, Inc.

Individual Name: Mr. Richard Hessen

Location State: OH Country: US

View the Interpretation Document

Response text:

Oct 17, 2007

Mr. Richard Hessen                              Reference No. 07-0162

Transportation Regulatory

Reckitt Benckiser, Inc.

399 Interpace Parkway

Parsippany, NJ 07054-0225

Dear Mr. Hessen:

This is in response to your August 7, 2007 letter concerning shrink-wrapped and stretch- wrapped trays as their use is authorized under § 173.25(b) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask several questions about how these packagings are defined and constructed under the HMR. Your questions are paraphrased and answered below.

Q1. Do the HMR define what shrink-wrapped and stretch-wrapped tray packagings are, what they are composed of, and how they are to be constructed as these terms are used under 173.25(b)?

Al. The HMR do not define "shrink-wrapped tray" or "stretch-wrapped tray" packaging. However, we interpret these terms individually to mean:

• Shrink wrap - a plastic film wrapped around hazardous material packages or packagings that shrinks when heat is applied to form a tight protective fit around the items it covers.
• Stretch wrap - an elastic plastic film wrapped around hazardous material packages or packagings that uses its properties of elastic recovery to keep the items it covers tightly bound.
• Tray - a shallow flat receptacle with a raised edge or rim used to carry, hold, or display articles.

Under the HMR, shrink-wrapped and stretch-wrapped trays are considered "overpacks" for consolidating inner packagings of limited quantity or consumer commodity hazardous materials. See § 173.25(b). Under § 171.8 , the HMR define an overpack as an enclosure used by a single consignor to provide protection or convenience in package handling, or to consolidate two or more packages. An overpack is excepted from the requirements in Subpart K of Part 178 of the HMR. Section 171.8 also defines an "inner packaging" as a packaging, other than the inner receptacle of a composite packaging, that requires an outer packaging for transport. Under the HMR, inner packagings of shrink-wrapped and stretch-wrapped trays may not be fragile, liable to break, or easily punctured. The gross weight of a complete shrink-wrapped or stretch-wrapped package may not exceed 20 kg (44 pounds). See § 173 .25(b)( 1) and (b)(2). Although, the HMR require shrink-wrapped and stretch- wrapped packagings to conform with the general packaging requirements prescribed in § 173.24 and 173.24a, the HMR do not prescribe requirements as to how these packagings are to be constructed and what materials may be used for their manufacture.

Q2. Must a shrink-wrap or stretch-wrap tray have a bottom and four upright sides made of corrugated fiberboard?

A2. The answer is no. A shrink-wrap or stretch-wrap tray may be composed of any material that is compatible with the lading provided the packaging contains a tray, as defined in Answer Al, and meets all other applicable requirements prescribed for the packaging in the HMR.

Q3. May a shrink-wrap or stretch-wrap tray be composed of inner packagings placed on a flat sheet of corrugated fiberboard with no sides and the entire package shrink or stretch wrapped on all sides?

A3. No. Because a flat sheet of corrugated fiberboard does not have a raised edge or rim to contain the inner packagings, it does not meet the definition of a tray stated in answer Al.

Q4. Can a shrink-wrap or stretch-wrap tray be composed only of inner packagings that are wrapped together with heavy-gauge strong plastic wrap?

A4. No. These packagings do not contain a tray.

I hope this satisfies your request.

Sincerely,

Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.25, 171.8

Regulation Sections