Interpretation Response #24-0088
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Rockwell Collins
Individual Name: Geno Delfino
Location State: CA Country: US
View the Interpretation Document
Response text:
May 22, 2025
Geno Delfino
Sr Tech, Logistics
Rockwell Collins
3530 Branscombe Road, P.O. Box KK
Fairfield, CA 94533
Reference No. 24-0088
Dear Mr. Delfino:
This letter is in response to your September 25, 2024 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the selective testing of combination packagings. Specifically, you request clarification on the application of Variations 1 and 4 found in § 178.601(g). You provide a scenario of a packaging originally tested with individual coiled detonating cords placed within a size 10" X 17" inner plastic bag and ask questions about variations to the package ranging from the articles placed in the packaging, to variations in the number of inner packagings, to the type of inner packaging used. You state that for the purpose of the scenarios provided there are no quantity limits or gross mass limits exceeded.
We have paraphrased and answered your questions as follows:
Q1. Does § 178.601(g)(1) allow a combination package originally tested with individual coiled detonating cords, an explosive article, within an inner plastic bag to be used without further testing for similar but different explosive articles (e.g., cartridges) that are packaged in the same manner? You state your understanding is that the variation allowed in § 178.601(g)(1)(i) is focused on the inner packaging configuration changes and not variation of the articles contained within.
A1. Your question pertains to whether the packaging remains suitable for use for similar articles other than what was originally was tested. Generally, successfully tested packagings may be used for hazardous materials other than those used during testing provided the packaging is appropriate and authorized for the alternative material (e.g., the hazardous material and packaging configuration still meet the specific packaging requirements for explosives in § 173.62). Further, your understanding of Variation 1 is correct that the permitted variations are focused on the inner packagings of a tested combination package.
Q2. Would the change to the articles as described in the introductory paragraph and question Q1 fall under Variation 4—see § 178.601(g)(4)(iii)?
A2. No. Section 178.601(g)(4) prescribes variations in outer packagings of a tested design-type combination packaging, provided that the design is maintained, and all requirements of paragraph (g)(4) are met. The scenario described is specific to a change in the articles contained within the inner packagings. See answer A1.
Q3. Can a combination packaging that has been tested with 50 detonating cords and 50 cartridges, all packaged in the manner as described above (i.e., all packed in individual 10" X 17" inner plastic bags), instead be packaged with 90 cartridges packaged in the same manner (with zero detonating cords) without further testing?
A3. Yes. Section 178.601(g)(1)(ii) allows for a lesser number of tested inner packagings, provided that the inner packagings are of an equivalent or smaller size and that sufficient cushioning is added to fill void space(s) to prevent significant shifting of the inner packagings.
Q4. For a combination package that is tested with three different inner packaging configurations of: (1) 50 cartridges in individual inner plastic bags; (2) 50 cartridges wrapped individually in foam sheets; and (3) 50 cartridges wrapped in foam sheets which are then each placed in a plastic bag, for a total of 150 cartridges — does § 178.601(g)(1)(ii) permit placing 100 of these three variations or 100 of exactly one variation in an identical outer packaging without further testing?
A4. Yes. See answer A3.
Q5. With respect to Q4 and the variation in inner packaging described, is it permitted to increase the number of inner packagings more than originally tested without further testing?
A5. No. Variations 1 and 4 do not allow for a greater number of inner packagings without further testing.
Q6. What tests or methodology must a company conduct to be certain that an equivalent level of performance is maintained and remain compliant with § 178.601(g)(1) regarding variations in inner packaging? With respect to this question, you note that the majority of your combination packagings have inner plastic bags within fiberboard containers, although there are occasions where you may instead use foam sheets or bubble wrap to wrap the articles. You believe that foam or bubble wrap provides more protection than an inner plastic bag and you have reason to believe that if your company initially drop tested with inner plastic bags only, that substitution of foam or bubble wrap for the plastics would not require additional testing.
A6. PHMSA does not maintain a list of tests or methodologies your company could conduct to be certain that an equivalent level of performance is maintained as specified in § 178.601(g)(1). It is the packaging manufacturer's responsibility to make sure an equivalent level of performance is maintained when using Variation 1. In this case, a packaging variation using foam or bubble wrap meeting the pertinent criteria in § 178.601(g)(1)(i) may not require additional testing. However, the person certifying compliance with § 178.601(g)(1) must document and maintain a record that shows the methodology used to determine that the inner packaging maintains an equivalent level of performance. Note that as prescribed in § 178.601(g)(8), in addition to authorized variations, the Associate Administrator may approve the selective testing of packagings that differ only in minor respect from a tested type.
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
§ 173.62, § 178.601(g), § 178.601(g)(1), § 178.601(g)(1)(i), § 178.601(g)(1)(ii), § 178.601(g)(4), § 178.601(g)(4)(iii), § 178.601(g)(8)