Interpretation Response #24-0015
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Veolia North America
Individual Name: Jennifer Fletcher
Location State: NJ Country: US
View the Interpretation Document
Response text:
November 18, 2024
Jennifer Fletcher
Director, Transportation Compliance
Veolia North America
1 Eden Lane
Flanders, NJ 07836
Reference No. 24-0015
Dear Ms. Fletcher:
This letter is in response to your March 4, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to overpack marking and labeling requirements. Specifically, you state your understanding that for lab packs prepared in accordance with § 173.12(b), the outside of the overpack—when packages are secured to a pallet with clear shrink-wrap—are provided an exception from the overpack marking and labeling requirements in § 173.25(a)(2), except that labels representative of each hazard class or division in the overpack must be visibly displayed on two opposing sides. Furthermore, you seek clarification of previously-issued letter of interpretation (LOI) Reference No. 94-0135, which also covers the topic of overpack marking and labeling.
We have paraphrased and answered your questions as follows:
Q1. You ask whether Veolia's understanding of lab pack overpack marking and labeling requirements is correct.
A1. The answer is yes. As prescribed in § 173.12(f), lab packs conforming to the requirements of § 173.12(b) are not subject to the overpack marking and labeling requirements in § 173.25(a)(2) of the HMR when secured to a pallet with shrink-wrap or stretch-wrap except that labels representative of each hazard class or division in the overpack must be visibly displayed on two opposing sides. Please note that the lab packs are still subject to all other requirements in § 173.25(a)(1)-(7).
Q2. You ask whether LOI Reference No. 94-0135 remains valid.
A2. The answer is yes. LOI Reference No. 94-0135 remains accurate based on the scenario presented in the incoming request. However, we caution its use with regard to your understanding of the § 173.12 lab pack provisions because it is not entirely clear that the packages—as presented in the request—are managed as lab packs.
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
173.12(b), 173.25(a)(2), 173.25(a)(1)-(7), 173.12