Interpretation Response #25-0023
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Clean Harbors
Individual Name: Kevin Young
Location State: MA Country: US
View the Interpretation Document
Response text:
May 7, 2025
Kevin Young
Vice President, Transportation Compliance
Clean Harbors
42 Longwater Drive
Norwell, MA 02061
Reference No. 25-0023
Dear Mr. Young:
This letter is in response to your February 25, 2025 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it relates to the meaning of "closed bulk bin" in § 173.240(c). Specifically, does a non-UN rated large containment packaging—meeting the general design requirements of § 173.410 for Class 7 (radioactive) material packaging as referenced in the certificate provided by the packaging supplier—qualify as a closed bulk bin to be used as an outer packaging for low hazard Class 9 material(s)?
Yes. Provided the containment packaging is consistent with the provisions of the HMR for a non-Department of Transportation (DOT) specification, sift-proof, closed bulk bin. Under § 171.8, "sift-proof packaging" is a packaging impermeable to dry contents, including fine solid material produced during transportation. The HMR provides no definition for closed bulk bins; however, prior letters of interpretation (LOI) we have issued indicate that closed bulk bins are enclosed packagings that are tough, firm, durable (i.e., strong), and constructed so that their contents cannot pass through (i.e., completely enclosed), and which meet other applicable requirements of § 173.24.
Please be aware that it is the shipper's responsibility to ensure that the packaging is designed, constructed, maintained, filled, and closed, so that under conditions normally incident to transportation there will be no identifiable release of hazardous material per the requirements of § 173.24(b).
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, 173.24, 173.24(b), 173.240(c), 173.410