Interpretation Response #07-0221 ([R+L Carriers Shared Services, LLC] [Ms. Tina S. Breezley])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: R+L Carriers Shared Services, LLC
Individual Name: Ms. Tina S. Breezley
Location State: OH Country: US
View the Interpretation Document
Response text:
March 14, 2008
Ms. Tina S. Breezley
Hazardous Materials & Training Manager
R+L Carriers Shared Services, LLC
P.O. Box 271
Wilmington, OH 45177
Reference No. 07-0221
Dear Ms. Breezley:
This is in response to your recent e-mail and telephone conversations with members of my staff asking how to properly describe the type of package for a hazardous material on a shipping paper under § 172.202(a)(6) of the Hazardous Materials Regulations (49 CFR Parts 171-180). You state your company transports "UN 1263, Paint, 3 (flammable liquid), PG III" by motor vehicle for different shippers throughout the United States in non-specification fiberboard boxes that contain four inner non-specification plastic pails. You state these packages comply with the HMR but vary in design and are made by different manufacturers. You also state in the past this agency instructed you to describe the type of package as "pails" instead of "boxes."
What constitutes a package under the HMR depends on the particular packaging provision that is being used. Based on the information you provided, the package is a combination package, consisting of a strong outer packaging with one or more inner packagings as provided by § 173.150. The outer and inner packagings, used together, meet the minimum prescribed HMR requirements. In this case, the package must be described by its outer packaging as "box" or "boxes." See the definitions of "combination packaging," "package or outside package," and "single packaging" in § 171.8.
We apologize for any misinformation you may have received earlier from our agency regarding this matter and any inconvenience. Also please note that we revised § 172.202(a)(6) and relocated it to § 172.202(a)(7) effective January 1, 2007. In addition, we permitted delayed compliance with former § 172.202(a)(6) until January 1, 2008. See Docket No. PHMSA-06-25476 (HM-215I, 71 FR 78596, 12/29/06).
I hope this satisfies your request. Please contact this office if you have further questions.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
172.202(a) 173.150