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Interpretation Response #15-0168 ([AECOM] [Andrew N. Romach])

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

Interpretation Response Details

Response Publish Date:

Company Name: AECOM

Individual Name: Andrew N. Romach

Location State: NC Country: US

View the Interpretation Document

Response text:

December 11, 2015

Andrew N. Romach
Regulatory Compliance Manager
AECOM
1600 Perimeter Park Drive
Morrisville, NC 27560

Ref. No. 15-0168

Dear Mr. Romach:

This responds to your August 10, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the definition of a bulk packaging as it relates to a solid material. In your email, you describe a non-specification packaging that can accommodate a maximum net mass greater than 400 kg (882 lbs) and has a maximum capacity less than 450 L (119 gallons). You ask whether it meets the definition of bulk packaging or non-bulk packaging.

In accordance with § 171.8, the definition of a bulk packaging is a packaging with 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." Conversely, the definition of a non-bulk packaging is a packaging with a "maximum net mass of 400 kg (882 pounds) or less and a maximum capacity of 450 L (119 gallons) or less as a receptacle for a solid." Based on a strict reading of each of these definitions, your packaging would meet neither of these definitions; however, it is the opinion of this Office that the packaging you describe would be considered a bulk packaging.

On October 1, 1992, PHMSA's predecessor agency, the Research and Special Programs Administration (RSPA) published a final rule in Docket No. HM-181 (57 FR 45446) to correct editorial errors and make minor regulatory changes to the December 21, 1990 and December 20, 1991 final rules under Docket No. HM-181. This final rule re-defined a "bulk packaging" from a packaging with a net mass greater than 400 kg or maximum capacity greater than 450 L, to a packaging with a net mass greater than 400 kg and a maximum capacity greater than 450 L. This revision created the possibility for a packaging to be unable to meet the definition of a bulk or non-bulk packaging. This was not our intention; therefore, it is our opinion that a "bulk packaging" means a packaging which has either a maximum net mass greater than 400 kg (882 pounds) or a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid.

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

Sincerely,

 

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations