Interpretation Response #10-0065
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
April 26, 2010
Mr. Jean-Martin Vallières
2505 Avenue Dalton
Quebec, Quebec, Canada, G1P 3S5
Ref. No. 10-0065
Dear Mr. Vallières:
This responds to your March 15, 2010 email regarding UN Specification packaging authorized under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether your company must submit packaging compatibility test results and obtain an approval from DOT to use a foreign manufactured UN Specification packaging authorized by Transport Canada's Transportation of Dangerous Goods (TDG) Regulations for the transportation of an aqueous solution of 50% hydrogen peroxide. You questions are paraphrased and answered as follows:
Q1. Our company is not required to resubmit chemical compatibility test results for the packaging to Transport Canada because of the availability of test results generated by the company filling the bottles in the packaging for similar packaging. Do we have to submit chemical compatibility tests results to DOT in order to transport our product in the U.S.?
A1. No. In accordance with § 173.24(e), compatibility tests for packaging materials and contents are required for plastic packaging or receptacles used for Packing Group (PG) I materials. Aqueous solutions of 50% hydrogen peroxide are assigned PG II. Thus, no compatibility testing is required. Note that the packaging must conform to the general compatibility requirements of § 173.24(e).
Q2. Is our company required to obtain approval for use of the packaging from DOT if the company is registered with and has an approval for use of the packaging from Transport Canada?
A2. No. In accordance with § 173.12(a)(2), a UN Specification packaging authorized by Transport Canada"s TDG Regulations may be used to transport hazardous material to the United
States subject to the limitations of §§ 171.12, 171.22, and 171.23 and provided the packaging is equivalent to the UN Specification authorized by the HMR. See § 173.24(d)(2).
I hope this information is helpful. If you have further questions, please contact this office.
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 171.23||Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations|