Interpretation Response #18-0149

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

Interpretation Response Details

Response Publish Date: 03/15/2019

Company Name: Entegris

Individual Name: Mr. Quentin Yarbrough

Location State: TX Country: US

View the Interpretation Document

Response text:

March 15, 2019

Mr. Quentin Yarbrough
EHS&S Specialist – DG & Product Compliance
Entegris
706 Houston Clinton Drive
Burnet, TX  78611

Reference No. 18-0149

Dear Mr. Yarbrough:

This letter is in response to your November 27, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transport of a gas purification system by cargo aircraft in accordance with U.S. Department of Transportation Special Permit (DOT-SP) 15723.  You explain that your company wants to transport the gas purification system to a recipient who would use it and then return it to your company for cleaning and/or refurbishment.

We have paraphrased and answered your questions as follows:

Q1. You ask if a shipper must be granted party status to reoffer the gas purification system for transport after use if the shippers has the original packaging, packaging instructions, and training.
 
A1. DOT-SP 15723 stipulates that a person who is not a holder of the special permit may reoffer the package for transportation provided no modification or change is made to the package.  Generally, it is the opinion of this Office that modifying the “package,” as defined in § 171.8, would include opening and/or repackaging the package regardless of whether the re-offeror has the original packaging, packaging instructions, and training. 
 
Q2. You ask for clarification of the terms “modified” or “changed” as referenced in DOT-SP 15723 and Letter of Interpretation No. 13-0070.
 
A2. The HMR do not define “modified” or “changed.”  As stated in Answer A1, this Office considers opening and/or repackaging the package to be a modification or change.  Additionally, the act of filling and/or discharging the contents of a package also constitute modifications or changes in accordance with the provisions of DOT SP 15723. 
 
Q3. You ask if opening the crate, removing the system, and then replacing the system and closing the package per the packaging instructions prior to reoffering it for transport would be considered “modifying” or “changing” the package.
 
A3. The answer is yes.  See Answers A1 and A2.  In accordance with the provisions of DOT SP 15723, a person who is not a holder of the special permit may not reoffer the package for transportation in the event it has undergone a modification or change, to include opening the package, discharging/filling the materials contained within, or repackaging the package.

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

Sincerely,

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

171.8

Regulation Sections