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Interpretation Response #06-0029 ([Fortco Plastics, Inc.] [Mr. Stephen Jetter])

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

Interpretation Response Details

Response Publish Date:

Company Name: Fortco Plastics, Inc.

Individual Name: Mr. Stephen Jetter

Location State: DC Country: US

View the Interpretation Document

Response text:

Feb 22, 2006

Mr. Stephen Jetter                     
Reference No. 06-0029
Fortco Plastics, Inc.
500 Industrial Park Road
Portland, IN 47371

Dear Mr. Jetter:

This is in response to your letter requesting clarification of the stacking requirements under the Hazardous Materials Regulations (HMR; 49 CFR, Parts 171-180). Specifically, you ask whether either stack test method in § 178.606 may be used to comply with Variation 5 in § 178.601(g)(5).

The answer is no. The option for using either the stack test method in § 178.606(c)(1) or (c)(2)(ii) applies to periodic retesting only. For design qualification testing, you must use the stacking test prescribed in § 178.60 1(c)(1). If you wish to use an alternative test method for compliance with Variation 5, you may apply for an approval in accordance with Subpart H of Part 107.

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


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


Regulation Sections

Section Subject
178.601 General requirements