Interpretation Response #24-0010R
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: AMETEK AMERON
Individual Name: Patrick Schoenhoff
Location State: MO Country: US
View the Interpretation Document
Response text:
January 3, 2025
Mr. Patrick Schoenhoff
General Manager
AMETEK AMERON
10271 Bach Boulevard
Saint Louis, MO 63132
Reference No. 24-0010R
Dear Mr. Schoenhoff:
This letter is in response to your February 20, 2024, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the overpack marking requirements in § 173.25 as they relate to cylinders. PHMSA is revising this letter to clarify that certain DOT specification cylinders require a strong outer package under § 173.301(a)(9) and therefore are not an overpack as defined in § 171.8. This response replaces Letter of Interpretation Ref. No. 24-0010.
We have paraphrased and answered your questions as follows:
Q1. You present a scenario where oxygen is shipped in Department of Transportation (DOT) 3AA or 3HT specification cylinders, placed in a fiberboard box, and marked "UN1072, Oxygen, Compressed." You ask whether the fiberboard box must be marked "OVERPACK" as described in § 173.25(a)(4).
A1. When offered for transportation in 3AA specification cylinders which are further packaged in a fiberboard box—the configuration meets the definition of an overpack, as defined in § 171.8—and, if the specification markings on the cylinders are not visible through the overpack, the fiberboard box must be marked "OVERPACK" as prescribed in § 173.25(a)(4). When offered for transportation in 3HT specification cylinders, the fiberboard box may not be marked "OVERPACK." Specification 3HT cylinders are required under § 173.301(a)(9) to be packaged in a "strong outer packaging," which is not an overpack.
Q2. In connection to question Q1, you ask whether it is a violation of the HMR to mark a fiberboard box with "OVERPACK" if it does not meet the definition of an overpack as defined in § 171.8.
A2. The answer is yes. Marking a fiberboard box with "OVERPACK" is a violation of the HMR if it does not meet the definition of an overpack as defined in § 171.8.
Q3. You present a scenario where fire extinguishers are shipped under DOT Special Permits (SPs)—DOT SP-7945, DOT SP-8495, and DOT SP-12726 —and marked "UN1044, Fire Extinguishers." You ask whether the "OVERPACK" mark is required on the fiberboard box containing fire extinguisher cylinders shipped under DOT SP-7945, DOT SP-8495, and DOT SP-12726.
A3. Except when transported in DOT specification cylinders not specifically listed in § 173.301(a)(9), the answer is no. The SPs referenced in your letter authorize certain non-specification cylinders which—under the terms of the special permits—must be transported in "strong outer packaging." In this configuration, the outer fiberboard box is not an overpack.
Q4. In connection to question Q3, you ask whether it is a violation of the HMR to mark a fiberboard box with "OVERPACK" if it does not meet the definition of an overpack as defined in § 171.8.
A4. See answer A2. When the SP requires the use of a strong outer packaging—as in DOT-SP 7945 paragraph 8.g. or DOT-SP 8495 paragraph 8.g.—the outer packaging does not meet the definition of an overpack, and therefore, "OVERPACK" is not an appropriate marking. In addition, paragraph 7.a. of DOT-SP 12726 states in part: "complied with the provisions of the applicable special permits." Cylinders under DOT-SP 7945 and DOT-SP 8495 authorized under DOT-SP 12726 must comply with DOT-SP 7945 and DOT-SP 8495, as applicable. When shipped under DOT-SP 12726, cylinders authorized under DOT-SP 7945 or DOT-SP 8495 must be packed in strong outer packaging and may not be marked "OVERPACK".
Also note, DOT-SP 12726 paragraph 7.a. authorizes the use of both non-DOT specification cylinders and DOT specification cylinders, and—when DOT specification cylinders not specifically listed in § 173.301(a)(9) are used—the "OVERPACK" marking is required unless the markings representative of each package type contained in the overpack are visible from outside of the overpack.
Finally, it should be noted that additional requirements such as cylinder valve protection, may also be required under the terms of the SP or the HMR even when "OVERPACK" is not required or authorized.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Steven Andrews
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.25, 173.301(a)(9), 171.8, 173.25(a)(4)