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Interpretation Response #02-0126 ([Allied Universal Corporation] [Robin J. Eddy Bolte])

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

Interpretation Response Details

Response Publish Date:

Company Name: Allied Universal Corporation

Individual Name: Robin J. Eddy Bolte

Location State: FL Country: US

View the Interpretation Document

Response text:

JUN 6, 2003
Ms. Robin J. Eddy Bolte                                 Ref. No. 02-0126
Safety and Compliance Manager
Allied Universal Corporation
3901 N.W. 115th Avenue
Miami, Florida 33178

Dear Ms. Eddy Bolte:

This responds to your letter regarding the testing of specification packagings under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, your company uses a tested combination packaging design type that consists of a fiberboard box containing four plastic bottles with child resistant screw-on caps. Your company intends to purchase similar caps from a different manufacturer. You state that using similar design inner plastic bottles with child resistant screw-on caps that are made by a different manufacturer would be permissible under the definition of a "different packaging" in § 178.601(c) (4) (ii). In addition, it is your understanding that this would be permissible under selective testing variation 1, in § 178.601(g) (1). I apologize for the delay in responding.

Your understanding of the provisions in § 178.601(c) (4) (ii) is incorrect. A combination packaging which differs only in that the outer packaging has been successfully tested with different inner packagings is-not considered a different packaging. The [tested] inner packagings may be assembled in this outer packaging without further testing. However, the use of untested inner packagings provided by a different manufacturer would not satisfy this requirement and, therefore, the packaging would be different.

Your understanding of § 178.601(g) (1) Variation 1 is correct. Provided the closure is of similar design (e.g., screw cap, friction lid, etc.), the inner packagings are of similar design (i.e., shape), and the material of construction offers the same or greater impact resistance than that of the originally tested inner packaging, further testing of a tested design type is not necessary. Therefore, provided an equivalent level of performance can be ascertained, you may, under Variation 1, use inner packagings constructed by a different manufacturer.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.


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

Regulation Sections

Section Subject
178.601 General requirements