Interpretation Response #17-0015 ([Mr. Richard Lloyd])

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

Interpretation Response Details

Response Publish Date: 04/25/2017

Company Name:

Individual Name: Mr. Richard Lloyd

Location State: PA Country: US

View the Interpretation Document

Response text:

April 25, 2017

Richard J. Lloyd
31 Bastian Lane
Allentown, PA 18104

Reference No. 17-0015

Dear Mr. Lloyd:

This letter is in response to your February 2, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging for nitric acid of less than 90 percent concentration. Specifically, you describe your packaging configuration and ask if it meets the packaging requirements of § 173.158(e).

You describe in your email the following packaging configuration:

• The packaging is comprised of six 2.5L glass bottles placed between partitions and packed with absorbent padding to provide extra cushioning.
• This configuration is then placed in a 4 mil plastic bag and tied.
• The bag and intermediate packaging is then placed inside a 4G fiberboard box, and before the outer package is closed, additional Styrofoam padding is placed on top of the bottles.
• The materials in this packaging configuration are non-reactive to the nitric acid.

Section 173.158(e) outlines a packaging authorization for nitric acid of less than 90 percent concentration when offered for transportation or transported by rail, highway, or water in 4A, 4B, or 4N metal boxes, 4G fiberboard boxes, or 4C1, 4C2, 4D, or 4F wooden boxes with inside glass packagings not over 2.5 L (0.66 gallon) capacity each. When packaged in wooden or fiberboard outer packagings, the glass inner packagings must be packed in tightly-closed, intermediate packaging, cushioned with an absorbent material. The intermediate packaging and absorbent material must be compatible with the nitric acid.

Based on the packaging requirements set forth in § 173.158(e) and the configuration that you described, it is the opinion of this Office that your nitric acid packaging would meet the requirements of § 173.158(e) when the package is offered or transported by rail, highway, or vessel. Please note that your packaging must also meet general packaging requirements in §§ 173.24 and 173.24a, as well as performance oriented packaging requirements in Part 178.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division

173.158(e), 173.24, 173.24a, 178

Regulation Sections