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Interpretation Response #06-0269 ([Inmark, Inc.] [Mr. Junius "Jay" Johnson ])

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

Interpretation Response Details

Response Publish Date:

Company Name: Inmark, Inc.

Individual Name: Mr. Junius "Jay" Johnson 

Location State: GA Country: US

View the Interpretation Document

Response text:

Feb 23, 2007


Mr. Junius “Jay” Johnson                 Reference No. 06-0269
Regulatory Compliance Manager
Inmark, Inc.
675 Hartman Rd.
Austell, GA 30168

Dear Mr. Johnson:

This is in response to your electronic transmission requesting clarification of the exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of small quantities (§173.4) and biological substances, Category B ( 173.199). Specifically, you ask whether the HMR provide exceptions, similar to the variations in § 178.60 1(g), from testing every package configuration when performing drop tests involving glass inner packages containing materials to be packaged in accordance with § 173.4 or § 173.199.

The answer is yes. The exception in § 173.4 for small quantities requires the completed package, as demonstrated by prototype testing, to be capable of sustaining the drop test and compressive load test in § 173.4(a)(6). A non-bulk packaging that differs in only minor respects from a successfully tested prototype may be used without further testing provided the differences would not affect the capability of the package to sustain the drop and compressive load tests specified for small quantity packagings. The selective testing variations in § 178.601(g), although not applicable to non-specification packages, may be used as examples of the types of packaging variations that would not require additional prototype testing under § 173.4.

Packagings intended for the transportation of Category B infectious substances must be capable of successfully passing the drop tests in paragraphs (d) and (h) in § 178.609. Capability may be demonstrated using a number of methods, including actual t previous handling and transportation experience, or design specification. Thus, you need not test packagings that differ in only minor respects from a tested packaging if you can demonstrate that the new packaging configuration is capable of successfully passing the required drop tests.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.



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

173.4, 173.199, 178.601

Regulation Sections

Section Subject
173.199 Category B infectious substances
173.4 Small quantities for highway and rail
178.601 General requirements