Interpretation Response #02-0240 ([CARGOpak Corp.] [Robert M. Smith])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: CARGOpak Corp.
Individual Name: Robert M. Smith
Location State: NC Country: US
View the Interpretation Document
Response text:
Jan 15, 2003
Mr. Robert M. Smith Reference No. 02-0240
President
CARGOpak Corp.
3215-A Wellington Court
Raleigh, NC 27615
Dear Mr. Smith:
This responds to your letter requesting clarification of certain non-bulk packaging and testing requirements under the Hazardous Materials Regulations (HMR, 49 CFR Parts 171-180). You describe the following scenario: a shipper wants to offer Isopropyl alcohol, 3, UN1219, PG II, in a non-bulk combination packaging for transportation by all modes. As an inner packaging, the shipper wants to use a one-gallon plastic bottle that meets the minimum 95 kPa test pressure requirements in § 173.27(c)(2)(i) for air transport but has not been tested as part of the combination packaging. Your questions are paraphrased and answered below:
Q1. The shipper wants to purchase a fiberboard box marked UN 4G/Y9/S/02/USA/+AC1616 that apparently has been tested with a similar plastic inner package. Is this in conformance with DOT and UN standards?
A1. Variation 1 in § 178.601(g) permits certain variations in inner packagings of a tested combination package without further testing of the package, provided an equivalent level of performance is maintained. See § 178.601(g)(l)(i)(A)-(F) for the specific changes that are authorized. It would be the responsibility of the person making the changes, in this case the shipper, to ensure that the inner packaging provides an equivalent level of performance in all regards, such as compatibility, impact resistance, stack strength, etc. For air transport, the packagings must meet the applicable requirements in § 173.27.
Q2. For a one gallon IP.2 plastic inner packaging, does the term "industry standard" mean that all similar but not identical inner packagings are acceptable as part of a combination packaging without retesting the entire packaging?
A2. The Term "industry standard" has no relevance within the context of UN standards. See answer to Q1.
Q3. Is a packaging that consists of a plastic bottle inner packaging, a plastic poly liner and a fiberboard outer packaging, tested and marked as in Question 1, acceptable for all modes of transportation including passenger and cargo aircraft?
A3. The answer is yes, provided the completed package is an authorized packaging for the material to be packaged, meets quantity limits for transport by aircraft, and meets all applicable requirements for both the standard to which it is marked and for air transportation. See answer to Q1.
I trust this satisfies your inquiry.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
178.60