Interpretation Response #05-0228 ([Regulatory Resources, Inc.] [Mr. Wade A. Winters])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 11/08/2005

Company Name: Regulatory Resources, Inc.

Individual Name: Mr. Wade A. Winters

Location State: WA Country: US

View the Interpretation Document

Response text:

Nov 8, 2005

Mr. Wade A. Winters                          Reference No. 05-0228
Regulatory Resources, Inc.
240 Joshua Rd
Kennewick, WA 99338

Dear Mr. Winters:

This is in response to your September 19, 2005 letter concerning Industrial Packagings (Type 2 and Type 3) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) Your questions are paraphrased and answered as follows:

Q1.      Given that an ISO 1496-1 freight container in compliance with § 173.411(b) (6) is authorized for use as a Type IP-2 or Type IP-3, may the same ISO 1496-1 freight container be certified as a DOT-7A packaging if the water spray and puncture test are performed?

Al.        No. To be certified as a Type A package, the design must meet all the requirements of § 178.350. Although compliance with § 173.411(b) (6) and successful completion of the water spray and puncture test would satisfy the requirements of § 173.410 and 173.465, the design must still meet the require
of §§ 173.403 and 173.412. It must also be noted that certification of the design is restricted to the content or contents specified in the test report or the analysis conducted. Expansion of the certification to contents with different physical properties would require further analysis.

Q2.      If the design and testing documentation is not available for a foreign ISO 1496-1 certified freight container manufacturer, may the shipper assume that the design and testing criteria have been met?

A2.      No. Under § 173.411(c), each offeror of an Type IP-2 or Type IP-3 must have on file (and maintain on file for at least one year) complete documentation of test and engineering evaluation or comparative data for the industrial package. If the information is unavailable for an ISO 1496-1 freight container, it may not be used as a Type IP-2 or Type IP-3 package.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.411(b)(6)

Regulation Sections