USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #13-0009 ([Bway Corporation] [Mr. Harold DePriest])

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

Interpretation Response Details

Response Publish Date:

Company Name: Bway Corporation

Individual Name: Mr. Harold DePriest

Location State: TX Country: US

View the Interpretation Document

Response text:

February 28, 2013     



Mr. Harold DePriest
Bway Corporation
3737 Miller Park Drive
Garland, TX 75042

Reference No.: 13-0009

Dear Mr. DePriest:

This is in response to your November 1, 2012 email to the Hazardous Materials Information Center requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the UN specification packaging marking on drums.

You package a 5-gallon open head drum with the UN1A2/Y1.5/50 specification marking.  A customer has asked you to test this container with a sheet of plastic film applied over the pail curl before applying the lid with a crimper.  You have tested this configuration in accordance with Part 178, Subpart M of the HMR and the package has passed the tests.  You ask whether the specification packaging marking would change due to the addition of the plastic film.

Under the selective testing provisions of § 178.601(g)(5), Variation 5 allows for a single packaging that differs from a tested design type only to the extent that the closure device or gasketing differs from that used in the originally tested design type , may be used without further testing, provided an equivalent level of performance is maintained subject to the specific qualifying test conditions.

If the package, with the additional plastic film applied meets the requirements of Variation 5, then the packaging may be used without further testing.  The original specification marking remains applicable and does not need to be changed.

In addition, you are correct that, in accordance with HMR § 178.2(c) you are required to revise the packaging closure instructions to include the application of the plastic film in the procedure.

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.


Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division

178.601(g)(5), 178.2(c)

Regulation Sections

Section Subject
178.601 General requirements