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Interpretation Response #13-0052R


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

Interpretation Response Details

Response Publish Date: 02-18-2014
Company Name: Simpson Strong Tie Company, Inc.    Individual Name: Densie Nguyen
Location state: IL    Country: US

View the Interpretation Document


Response text:

Denise Nguyen
QC Chemist
Simpson Strong Tie Company, Inc.
136 Official Road
Addison, IL  60101

Ref. No. 13-0052R

Dear Ms. Nguyen:

This is in further response to your February 21, 2013 e-mail to the Hazardous Materials Information Center (HMIC) and March 15, 2013 follow-up letter to this Office requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping paper entries and placarding determinations. Specifically, you asked: (1) how to calculate the total quantity of hazardous material covered by a description as prescribed in § 172.202(a)(5) for transportation by modes other than aircraft; (2) how to calculate the total net mass of hazardous material per package as prescribed in § 172.202(a)(6) for transportation by air; and (3) whether the weight of non-hazardous material should be considered when calculating the "aggregate gross weight" under § 172.504(c)(1) when it is packed in the same outer package with hazardous material. While our responses to the second and third questions were accurate, it appears our response to the first question was in error. Once again, the package you described in your e-mail and letter was as follows: 

We place a two-part epoxy kit within the same combination package. Part A is non-hazardous and weighs 10 lbs. Part B is a regulated hazardous material and is described as "UN2735, Amines, liquid corrosive, n.o.s. (Technical name), 8, II" and also weighs 10 lbs. For simplicity, we assume the gross weight of the completed package is 25 lbs.

A1. Except as otherwise provided in § 172.202(a)(5), the total quantity of hazardous material covered by a description for transportation by modes other than aircraft may be indicated as the net sum of hazardous materials or the gross weight covered by an individual description. For example:

UN2735, Amines, liquid, corrosive, n.o.s. (Technical name), 8, II, 1 box, 10 lbs. 
UN2735, Amines, liquid, corrosive, n.o.s. (Technical name), 8, II, 1 box, 25 lbs.

A2. The total net mass of hazardous material per package for transportation by air is indicated as the net sum of hazardous materials only, covered by the same description, type of packaging and quantity of hazardous material per package, as prescribed in § 172.202(a)(6). For example:

UN2735, Amines, liquid, corrosive, n.o.s. (Technical name), 8, II, 1 box, 10 lbs.

A3. As provided by § 172.504(c), except for bulk packagings and hazardous materials subject to § 172.505, a transport vehicle carrying less than 454 kg (1,001 pounds) aggregate gross weight of Table 2 hazardous materials need not be placarded. When calculating the 454 kg (1,001 pounds) aggregate gross weight, the tare weight of each individual packaging plus the weight of its Table 2 hazardous material content is used to determine whether placarding is required. Generally, tare weight consists of the packaging and its various components (e.g., cushioning, liner, absorbent, inner packaging). However, in the scenario you describe, tare weight also includes non-hazardous articles or substances packed in the same outer package as the hazardous articles or substances.

I trust this information is helpful and apologize for any inconvenience this correction may have caused. Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division


Regulation Sections

Section Subject
§ 172.505 Placarding for subsidiary hazards