Interpretation Response #20-0089

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

Interpretation Response Details

Response Publish Date: 01/27/2021

Company Name: Austin Powder Company

Individual Name: Darrell A. Martin

Location State: OH Country: US

View the Interpretation Document

Response text:

January 27, 2021

Darrell A. Martin
Transportation Regulatory Manager
Austin Powder Company
25800 Science Park Drive
Cleveland, OH  44122

Reference No. 20-0089

Dear Mr. Martin:

This letter is in response to your November 12, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to United Nations (UN) specification packagings and UN standard markings. In your email, you state that the explosives industry utilizes UN specification packaging "5M2 bags" when transporting hazardous materials "NA0331, Ammonium nitrate-fuel oil mixture containing only prilled ammonium nitrate and fuel oil, 1.5D" and "UN0331, Explosive, blasting, type B or Agent blasting, Type B, 1.5D." Furthermore, you state that the explosives industry uses a non-specification multi-wall plastic-lined paper bag, with a stitched method of closure, in accordance with special permit 11156 (DOT-SP 11156). Finally, you state that these DOT-SP 11156 non-specification bags are not waterproof or completely sift proof; however, they are tested periodically to ensure they meet the requirements of a tested and approved UN 5M2 bag.

We have paraphrased and answered your questions as follows:

Q1: With respect to the 178.3(c) marking requirements, you ask whether these special permit bags may be dual marked with both the UN standard marking and the DOT-SP marking.

A1: The answer is no, as the DOT-SP 11156 packaging is a non-specification packaging and cannot be marked with a UN standard marking representing the packaging as a standard packaging. Also, note the "DOT-SP 11156" marking is not a specification marking.

Q2: If the answer to Q1 is no, you ask whether you may use up the existing inventory of these dual marked bags.

A2: Pre-marked bags that otherwise comply with DOT-SP 11156 may continue to be used until their inventory has been depleted; however, the "UN 5M2" standard marking must be covered or otherwise be removed.

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

Sincerely,

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

178.3(c)

Regulation Sections