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Interpretation Response #11-0169 ([Duke Energy Corporation] [Mr. Charles Denny])

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

Interpretation Response Details

Response Publish Date:

Company Name: Duke Energy Corporation

Individual Name: Mr. Charles Denny

Location State: NC Country: US

View the Interpretation Document

Response text:

August 12, 2011

 

 

 

Mr. Charles Denny

Duke Energy Corporation

526 South Church Street, EC13K

Charlotte, NC 28202

Reference No.: 11-0169

Dear Mr. Denny:

This responds to your email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the bulk and non-bulk packaging instructions for asbestos. You note in your incoming letter that in the § 172.101 Hazardous Materials Table (HMT), the entry for "Asbestos," NA2212 refers to packaging instructions specified in § 173.216 for non-bulk packaging requirements, and § 173.240 for bulk packaging requirements. You also note that some of the packaging options specified in § 173.216 may be considered bulk packagings. Your questions are paraphrased and addressed as follows:

Q1. Are all packaging options specified in § 173.216 considered "non-bulk" packagings?

A1. The answer is no. Although the entry for "Asbestos," NA2212 specified in Column 8B of the HMT suggests that § 173.216 contains only non-bulk packaging requirements, some of the packaging options provided may meet the bulk packaging definition specified in § 171.8 and, therefore, be considered a bulk packaging for the purposes of transportation.

Q2. If both "non-bulk" and "bulk" packaging options are provided in § 173.216, which of the packaging options provided in this section are considered "non-bulk" and which are considered "bulk"?

A2. As specified in § 171.8, a bulk packaging means a packaging, other than a vessel or a barge, including a transport vehicle or freight container, in which hazardous materials are loaded with no intermediate form of containment. A Large Packaging in which hazardous materials are loaded with an intermediate form of containment, such as one or more articles or inner packagings, is also a bulk packaging. Additionally, a bulk packaging has a maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid; a maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid; or a water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas as defined in § 173.115 of the HMR. Packagings specified in § 173.216 that meet this definition must be considered a bulk packaging.

Q3. If only "non-bulk" packaging options are provided in § 173.216, is asbestos that is offered for transportation and transported in rigid, leak-tight packagings such as portable tanks, hopper-type rail cars, or hopper-type motor vehicles required to be labeled with the class 9 label and marked with the proper shipping name and UN/NA number on the outside of the portable tank, hopper-type rail cars, or hopper-type motor vehicles?



A3. As stated above, § 173.216 identifies both bulk and non-bulk packagings. Rigid, leak-tight packages such as portable tanks, hopper-type rail cars, or hopper-type motor vehicles meeting the definition of bulk packaging provided in § 171.8 must be considered bulk packaging for transportation purposes. The general labeling requirements for both bulk and non-bulk packagings are specified in § 172.400.

We appreciate your bringing this issue to our attention. PHMSA will attempt to improve the clarity of this issue in a future rulemaking. I hope 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

173.216, 171.8, 173.115

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
173.115 Class 2, Divisions 2.1, 2.2, and 2.3-Definitions
173.216 Asbestos, blue, brown or white