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Interpretation Response #13-0059 ([BEAM Strategic Solutions] [Mr. Mark F. Kozak])

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

Interpretation Response Details

Response Publish Date:

Company Name: BEAM Strategic Solutions

Individual Name: Mr. Mark F. Kozak

Location State: IL Country: US

View the Interpretation Document

Response text:

May 31, 2013


Mr. Mark F. Kozak
BEAM Strategic Solutions
P.O. Box 2351
Glen Ellyn, IL   60138

Ref. No. 13-0059

Dear Mr. Kozak:

This responds to your February 19, 2013 letter requesting clarification of the testing requirements for aerosol cans under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).   Specifically, you request clarification if a visual observer is required to witness the hot water bath testing requirements for metal aerosol cans  specified in 
§ 173.306(a)(5)(v).

In accordance with § 173.306(a)(5)(v), each aerosol can, after it is filled, must be subjected to a test performed in a hot water bath resulting in no leakage or permanent deformation of a container.  It is your understanding the requirements of 
§ 173.306(a)(5)(v) can be met without an observer being present during the hot water bath testing, provided test operators are trained to identify signs of leakage, distortion or defect after the test is completed.  You request confirmation that your understanding is correct.

Your understanding is incorrect.   The intent of the hot water bath specified in § 173.306(a)(5)(v) is to test the leakproofness of a filled container.  Though permanent distortion may be visible during or after the test, leakage must be observed during the test.  For this reason, a visual observer must be present for the hot water bath test.  An alternative to the hot water bath test method is provided in § 173.306(a)(5)(vi) for plastic containers.

I hope this answers your inquiry.  If you need additional assistance, please call this office at 202-366-8553.


Robert Benedict
Chief, Regulations Development Branch
Standards and Rulemaking Division


Regulation Sections

Section Subject
173.306 Limited quantities of compressed gases