Interpretation Response #07-0018 ([Saf-T-Pak] [Gail Ryckis-Kite])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Saf-T-Pak
Individual Name: Gail Ryckis-Kite
Location State: DC Country: US
View the Interpretation Document
Response text:
Mar 9, 2007
Gail Ryckis-Kite
Reference No. 07-0018
Development and Quality Manager
Saf-T-Pak
17854 - 106A Avenue
Edmonton, AB
Canada T5S 1V3
Dear Ms. Ryckis-Kite:
This is in response to your January 24 and 25, 2007 e-mails to this agency concerning a final rule we issued under Docket No. PHMSA-2004-16895 (HM-226A) (6/2/06, 71 FR 32244) to revise the requirements for transporting Division 6.2 (infectious substance) materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with international requirements. You note that on page 32247, Column 1, paragraph 1, of the final rule we state a Category B infectious substance packaging must be capable of passing a drop test, but not a puncture or other performance test; however, under § 173.1 99(a)(4) we require this packaging to be capable of passing at a height of 1.2 meters (3.9 feet) the drop and steel rod impact tests prescribed in §178.609(d) and (h), respectively. You ask if the regulatory text requiring the steel rod impact test for this packaging is an error.
The answer is yes. A packaging used to transport a Category B infectious substance must be capable of passing the drop test prescribed in § 178.609(d). The packaging is rot required to also be capable of passing the steel rod impact test in § 178.609(h). We will correct this error in a future rulemaking.
I hope this information is helpful.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.199(a)(4), 178.609(h)