Interpretation Response #05-0102 ([Hazmatpac Certified Packaging] [Mr. Donald H. Hausrnann])

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

Interpretation Response Details

Response Publish Date: 12/01/2005

Company Name: Hazmatpac Certified Packaging

Individual Name: Mr. Donald H. Hausrnann

Location State: TX Country: US

View the Interpretation Document

Response text:

Dec 1, 2005

Mr. Donald H. Hausrnann                       Reference No. 05-0102
Hazmatpac Certified Packaging
5301 Polk St., Bldg. 18
Houston, TX 77023

Dear Mr. Hausmann:

This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the use of used vermiculite as an absorbent and cushioning material in UN specification packagings. Specifically, you asked whether the HMR authorizes the reuse of vermiculite that was used in a previous shipment. You also asked whether a grade of vermiculite that varies (such as smaller or larger granules) from the grade used when the packaging was tested may be used when shipping hazardous materials.

Previously used vermiculite may be used in subsequent packagings provided it has not been compromised and can perform the securing, cushioning and absorbent functions required by § 173.24, 173.24a, 173.27, and 178.601, as applicable.

With respect to whether a different grade of vermiculite may be used if the packaging was tested with a smaller or larger grade of vermiculite, the packaging must meet the standard to which it is certified and the material must be of the same type or design as used in the tested design type. Without specific test data indicating the two grades of vermiculite have similar cushioning properties, it is not possible for us to make a
determination that your samples of vermiculite are of the same type and may be interchanged without further testing.

I hope this information is helpful. Please contact this office if you have additional questions.

Sincerely,

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

178.601(g)(2)(v), 178.601 (g)(3)(iv)

Regulation Sections