Interpretation Response #11-0227 ([Inmark] [Mr. 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
Individual Name: Mr. Jay Johnson
Location State: GA Country: US
View the Interpretation Document
Response text:
September 19, 2011
Mr. Jay Johnson, DGSA
Regulatory Compliance Manager
Inmark
675 Hartman Road, Suite 100
Austell, GA 30168
Reference No. 11-0227
Dear Mr. Johnson:
This is in response to your August 3, 2011, and September 1, 2011 e-mails to Mr. Delmer Billings, Senior Regulatory Advisor, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration (PHMSA). He directed your e-mail to my branch for response. A member of my staff responded to you informally by e-mail on September 19, 2011. This is our official response to your inquiry. You ask when PHMSA plans to revise § 173.199(a)(4) to remove the steel rod puncture test from the requirements for Category B infectious substance packagings. We cannot provide you with a specific time frame, but can tell you that this revision is currently under consideration for inclusion in a future rulemaking.
You also ask if a Category B, Division 6.2 (infectious substance) must be capable of surviving the conditioning requirements prescribed in §§ 178.609(e) (water spray), 178.609(f) (cold-conditioned), and 178.609(g) (dry ice dissipation) to demonstrate that it is capable of passing the drop test in § 178.609(d). The answer is no. See page 32247, first paragraph, of the preamble of the final rule PHMSA issued under Docket No. PHMSA-2004-16895 (HM-226A; 71 FR 32244; http://edocket.access.gpo.gov/2006/pdf/06-4992.pdf), where PHMSA stated a § 173.199 packaging need not be capable of passing a puncture or other performance tests.
I hope this satisfies your request.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.199, 178.609