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 #13-0030 ([3737 Miller Park Drive] [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: 3737 Miller Park Drive

Individual Name: Mr. Harold DePriest

Location State: TX Country: US

View the Interpretation Document

Response text:

March 25, 2013



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

Ref. No.: 13-0030

Dear Mr. DePriest:

This is in response to your January 25, 2013 email and conversation with a member of my staff requesting clarification of the performance-oriented packaging testing requirements in accordance with Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You describe a scenario where you have two pails of the same diameter, but different heights that will be joined together for sales purposes via the use of plastic clips. You seek clarification regarding the testing and marking requirements for the joined unit.  Specifically, you ask whether performance-oriented packaging testing is required on only the individual pails or on the entire joined unit.

Section 178.601(a) states that the test procedures described in Subpart M are intended to ensure that packages containing hazardous materials can withstand normal conditions of transportation and are considered minimum requirements. Each packaging must be manufactured and assembled so as to be capable of successfully passing the prescribed tests and of conforming to the requirements of § 173.24 of this subchapter at all times while in transportation.

Based on the scenario described, each design type (i.e. each pail) should be tested individually in accordance with Part 178, Subpart M.  In addition, each packaging that is represented as manufactured to meet a UN standard must be marked as specified in § 178.503.

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



Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division

178 Subpart M, 173.24

Regulation Sections

Section Subject
173.24 General requirements for packagings and packages