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Interpretation Response #10-0167

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

Interpretation Response Details

Response Publish Date: 09-13-2010
Company Name: Implant Technologies    Individual Name: Mr. James V. McManus
Location state: CT    Country: US

View the Interpretation Document

Response text:

September 13, 2010




Mr. James V. McManus
Sr. Project Manager
Implant Technologies
7 Commerce Drive
Danbury, CT 96810

Ref. No. 10-0167

Dear Mr. McManus:

This responds to your July 26, 2010 request for clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your letter and subsequent telephone conversation with a member of my staff, you are going to ship "UN 3383, Toxic by inhalation liquid, flammable, n.o.s.," using packaging authorized in §173.226. Specifically, you ask if you may use selective testing variation 2 in § 178.601(g)(2) to exclude testing of the inner packaging system as normally required in § 173.226(c)(3)(ii).

The answer to your question is no. In accordance with 178.601(g)(2), selective testing of combination packaging variation 2 provides relief from performance testing for outer packaging of combination packaging when inner packaging differ in minor respects from the tested packaging configuration. Variation 2 applies to inner packaging that are not themselves subject to performance testing. Section 173.226(c)(3)(ii) requires the inner packaging system to meet the drop test, leakproofness test, and hydrostatic pressure performance tests of part 178 subpart M at the Packing Group I performance level. Additionally, the outer packaging of the non-bulk combination packaging must also conform to the performance test requirements of subpart M of part 178 at the Packaging Group I performance level. As a result of the specific requirements for your packaging, you may not use variation 2 to exclude performance testing of the inner packaging system required by § 173.226(c)(3)(ii).

I hope this answers your inquiry. If you need additional assistance, please contact this Office at


Ben Supko
Acting Chief, Standards Development
Office of Hazardous Materials Standards

173.226(c)(3)(ii), 178.601(g)(2)

Regulation Sections

Section Subject
§ 178.601 General requirements