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Interpretation Response #13-0083 ([Shane Havoc Consulting, LLC] [Mr. Gregory Sutherland, Ph.D.])

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

Interpretation Response Details

Response Publish Date:

Company Name: Shane Havoc Consulting, LLC

Individual Name: Mr. Gregory Sutherland, Ph.D.

Location State: SC Country: US

View the Interpretation Document

Response text:

July 26, 2013


Mr. Gregory Sutherland, Ph.D.
Shane Havoc Consulting, LLC
1905 English Ivy Ct.
Mount Pleasant, SC 29464

Ref. No. 13-0083

Dear Mr. Sutherland:

This responds to your April 14, 2013 letter regarding the packaging standards for plastic drums and jerricans under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You request clarification of the standards in § 178.509(b)(1) and (2) associated with protection against ultra-violet (UV) radiation for plastic material used in the construction of these packagings.  You indicate that you would like to use 1H1 plastic drums or 3H1 plastic jerricans constructed of high-density polyethylene (HDPE) plastic.  Furthermore, you indicate these single-use packagings would be used in a “closed supply chain” with no outdoor storage or use.  Your questions are paraphrased and answered as follows:    

Q1.  Does the § 178.509(b)(1) requirement for the packaging (i.e., the material of construction) to be adequately resistant to the aging and degradation effects of UV radiation apply only to those plastic materials that are affected by UV radiation?

A1.  Yes.  If a plastic material is not adequately resistant to the effects of UV radiation, it must be protected against UV radiation by addition of carbon black, or other suitable pigment or inhibitor, to the composition of the plastic material, in accordance with
§ 178.509(b)(2).

Q2.  Is the § 178.509(b)(1) requirement dependent on exposure of the packaging to UV radiation during the course of its use in hazardous material service?  Meaning, if a package is constructed of plastic material affected by UV radiation but it is protected against exposure to UV radiation by being filled, stored, and used indoors and transported in closed containers or vehicles, is it excepted from the requirement of
§ 178.509(b)(2)?

A2.  No.  The § 178.509(b)(1) requirement for the packaging to be resistant to UV radiation is specific to the material of construction.  The requirement is not dependent on the degree to which a packaging may be exposed to UV radiation during the course of its use in hazardous material service.

Note that as an alternative, you may wish to apply for a special permit in accordance with 49 CFR Part 107, Subpart B.  A special permit allows a person to perform a function not otherwise permitted by regulation under the HMR.  Section 107.105 explains how to apply for a special permit.

I hope this information is helpful.  If you have further questions, please contact this office.


Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division


Regulation Sections

Section Subject
178.509 Standards for plastic drums and jerricans