Interpretation Response #15-0092 ([Inmark Packaging] [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 Packaging
Individual Name: Mr. Jay Johnson
Location State: GA Country: US
View the Interpretation Document
Response text:
February 29, 2016
Jay Johnson, DGSA
Inmark Packaging
Regulatory Compliance Manager
675 Hartman Road, Suite 100
Austell, GA 30168
Ref. No.: 15-0092
Dear Mr. Johnson:
This letter is in response to your e-mail and attached letter requesting the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to closure instructions for Category B infectious substance packagings. Specifically, you ask if the closure instructions on filling and closing a Category B packaging that are prescribed in § 173.199(a)(10) differ from the closure instruction requirements prescribed in § 178.2(c).
While the packaging closure instructions prescribed in §§ 173.199(a)(10) and 178.2(c) use similar language, the instructions differ in that those prescribed in § 178.2(c) apply to hazardous materials subject to the requirements of 49 CFR Subtitle B, Chapter I, Subchapter C. The HMR excepts Category B infectious substances prepared and offered for transportation in conformance with the requirements prescribed in § 173.199 from having to conform to the remainder of 49 CFR Subchapter C, except those requirements specifically prescribed in § 173.199 (see § 173.199(a)). Therefore, the packaging closure instructions prescribed in § 173.199(a)(10) apply only to Category B infectious substances.
You also refer to a letter the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued under Reference No. 14-0060 that stated the HMR does not require closure instructions for Category B infectious substances that conform to § 173.199. For clarification, the HMR does require closure instructions under § 173.199(a)(10) for Category B infectious substances but does not require these materials to conform to the closure instructions prescribed in § 178.2(c).
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.199(a)(10), 178.2(c), 173.199(a)