PHMSA Response Letter

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August 18, 2016

Mr. Brett T. Lehman
Security, Regulatory & Compliance Manager
GEODynamics Inc.
Engineered Perforating Solutions
10500 West Interstate 20
Millsap, TX  76066

Reference No. 16-0039

Dear Mr. Lehman:

This letter is in response to your March 3, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to an overpack.  Your particular scenario involves non-bulk packages of Division 1.4D explosives that are shrink-wrapped together on a warehouse skid.  The packages of explosives are covered by   
§ 172.504(e), Table 2, and have an aggregate gross weight over 1,001 lbs.  Specifically, you ask whether the tarpaulin cover required by § 177.835(h) is considered an overpack, as defined in § 171.8, and therefore subject to the provisions of § 173.25.

The answer is no.  The tarpaulin required by § 177.835(h) is considered environmental protection and is not an overpack.  Likewise, if all the required marks and labels are visible on the packages through the shrink-wrapped skid protected by the tarpaulin cover, no further action is necessary.  If any of the required marks and labels are not visible on the packages through the shrink-wrap, the shrink-wrapped skid is considered an overpack and is required to be marked and labeled for every shipping description in the overpack as prescribed in                     § 173.25(a)(2).  Further, as prescribed in § 173.25(a)(4), the word “OVERPACK” is only required to be marked on the shrink-wrapped skid if package specification markings, when required, are not visible through the shrink wrap.
 
I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

172.504(e), 177.835(h), 173.25, 173.25(a)(2), 173.25(a)(4)