Interpretation Response #20-0065
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
October 13, 2020
Leslie's Poolmart, Inc.
2005 E. Indian School Road
Phoenix, AZ 85016
Reference No. 20-0065
Dear Mr. Jennings:
This letter is in response to your August 17, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to bulk packagings of certain low hazard solid materials. In your email, you specifically ask about transporting "UN3260, Corrosive solid, acidic, inorganic, n.o.s., 8, PG II" in "sift-proof non-DOT Specification closed bulk bins" as authorized by § 173.240(c).
In your email, you state that the hazardous material will be transported by ground and packaged in a non-DOT specification cardboard box (i.e., a conventional Gaylord box). Further, you state that the box meets the definition of a bulk packaging and that it is filled with one-pound sealed pouches of the hazardous material with the box either lined with plastic or each individual pouch placed in a plastic bag. Finally, you state that the box is overpacked by shrink-wrapping it to a pallet.
We have paraphrased and answered your questions as follows:
Q1. You ask whether the packaging described would be considered a sift-proof, non-DOT specification closed bulk bin in accordance with § 173.240(c).
A1. The answer is yes, provided the packaging is consistent with the HMR definition of sift-proof. In accordance with § 171.8, "sift-proof packaging" means a packaging impermeable to dry contents, including fine solid material produced during transportation. The HMR does not define "closed bulk bin," but it can be described as an "enclosed packaging that is tough, firm, and durable (i.e., strong), constructed so that its contents cannot pass through (i.e., completely enclosed), and which meets other applicable requirements of § 173.24." It is the shipper's responsibility to ensure that the packaging is "designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incident to transportation" there will be no identifiable release of hazardous material (see § 173.24(b)).
Q2. You ask whether "UN3260, Corrosive solid, acidic, inorganic, n.o.s., 8, PG II" is excepted from UN specification or performance-oriented packaging.
A2. The answer is yes. As specified in the § 172.101 Hazardous Materials Table (HMT), the authorized bulk packaging section reference in column (8B) for "UN3260, Corrosive solid, acidic, inorganic, n.o.s., 8, PG II" is § 173.240 (bulk packaging for certain low hazard solid materials). Section 173.240(c) specifies that a sift-proof, non-DOT specification, closed bulk bin is an authorized packaging for this material. Please be aware that non-DOT specification bulk packagings must meet the general packaging requirements in §§ 173.24 and 173.24b.
Q3. You ask whether the "OVERPACK" marking is required on the palletized Gaylord box.
A3. The answer is no. As prescribed in § 173.25(a)(4), the "OVERPACK" marking is required when specification packagings are required. Therefore, because you are not using a specification bulk packaging, the "OVERPACK" marking is not required.
I hope this information is helpful. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
171.8, 172.101, 173.24, 173.24b, 173.25(a)(4), 173.240, 173.240(c)
|§ 173.240||Bulk packaging for certain low hazard solid materials|