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Interpretation Response #10-0092 ([TEN-E Packaging Services, Inc.] [Mr. Robert J. Ten Eyck])

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

Interpretation Response Details

Response Publish Date:

Company Name: TEN-E Packaging Services, Inc.

Individual Name: Mr. Robert J. Ten Eyck

Location State: MN Country: US

View the Interpretation Document

Response text:

February 16, 2011

 

 

 

Mr. Robert J. Ten Eyck

Director, Technical Services

TEN-E Packaging Services, Inc.

1666 County Road 74

Newport, MN 55055

Ref. No. 10-0092

Dear Mr. Ten Eyck:

This responds to your letter dated, requesting clarification of the inner packaging quantity limitations for nitric acid under § 173.158(b)(2), (d)(1), (d)(2), (e), (f)(2), (f)(3), (h)(1) and (h)(2) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the "not over 2.5 L" inner packaging quantity limitation as specified in the

above referenced paragraphs of the § 173.158 packaging instruction for nitric acid refers to overflow capacity or nominal capacity while recognizing the latter to infer a certain amount of outage manufactured into the packaging when necessary.

Nitric acid of 70% or less concentration offered for transport by rail, highway, or water may be packaged in certain combination packagings with plastic, glass, or earthenware inner packagings not over 2.5 L capacity each. The term "not over" as used in § 173.158 means that you may not use an inner packaging with a maximum capacity greater than 2.5 L (i.e., overflow capacity).

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

173.158

Regulation Sections

Section Subject
173.158 Nitric acid