Interpretation Response #24-0080
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Entegris, Inc.
Individual Name: Stefanie Yarbrough
Location State: TX Country: US
View the Interpretation Document
Response text:
December 20, 2024
Stefanie Yarbrough
Senior Manager, Strategic Initiatives
Entegris, Inc.
700 Jeffrey Way, Suite 400
Round Rock, TX 78664
Reference No. 24-0080
Dear Ms. Yarbrough:
This letter is in response to your August 30, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the usage of overpacks. Specifically, you request clarification regarding overpack marking and labeling as it applies to packages of UN specification steel drums, which are overpacked into rigid cardboard boxes, and then the boxes are palletized using shrink-wrap.
Your questions are paraphrased and answered below.
Q1. You ask whether the consolidation of overpacks for convenience of handling by shrink-wrapping them to pallets would also be considered an overpack.
A1. The answer is yes. As defined in § 171.8 an overpack is an enclosure that is used by a single consignor to provide protection or convenience in handling of a package or to consolidate two or more packages (e.g., packages stacked onto a load board such as a pallet and secured by shrink-wrapping). It is the opinion of this Office that further consolidating overpacks in the manner you describe is still considered an overpack based on the HMR definition.
Q2. You ask whether the shrink-wrapped secondary level of containment—as described in question Q1—must be marked and labeled.
A2. The answer is yes. The shrink-wrapped pallet as described in your scenario must follow the regulatory requirements for reproducing hazard communication as outlined in § 173.25.
Q3. You ask whether the marking and labeling on the cardboard box overpacks must be reproduced on the outside of the shrink-wrap if they are clearly visible through the shrink-wrap.
A3. The answer is no. As provided in § 173.25(a)(2), each overpack must be marked and labeled unless markings and labeling representative of each hazardous material in the packages that are overpacked are visible through the shrink-wrap.
Q4. If the cardboard box overpacks containing the steel drums were banded to the pallet instead of shrink-wrapped and all required markings and labels were visible, you ask whether the pallet/banding would have to be further marked as an overpack.
A4. The answer is no; however, the steel drum packaging overpack must be marked "overpack".
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
171.8, 173.25, 173.25(a)(2)
Regulation Sections
| Section | Subject |
|---|---|
| 171.8 | Definitions and abbreviations |
| 173.25 | Authorized packagings and overpacks |