Interpretation Response #18-0050

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

Interpretation Response Details

Response Publish Date: 09/13/2018

Company Name: Mondi Group

Individual Name: Mike Iannelli

Location State: TN Country: US

View the Interpretation Document

Response text:

September 13, 2018

Mike Iannelli
Technical Manager
Mondi Group
1310 Saybrook Crossing
Thompsons Station, TN  37179

Reference No. 18-0050

Dear Mr. Iannelli:

This letter is in response to your March 28, 2018, email and subsequent phone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the location of the water-resistant ply in a 5M2 paper bag design. Specifically, you provide the following example and ask whether it is in compliance with § 178.521(b)(2):

1. Next to product: 2-millimeter low density polyethylene
2. Kraft Paper
3. Kraft Paper coated with polyethylene
4. Kraft Paper

The design standards for a 5M2 bag require at least three plies made of "a suitable kraft paper, or of an equivalent paper" in accordance with § 178.521(b)(1). Section 178.521(b)(2) states that a 5M2 bag of three plies must be made waterproof by the use of a water-resistant ply as the outermost ply. However, a bag of four plies or more must be made waterproof by the use of either a water resistant ply as one of the two outermost plies or a water-resistant barrier made of a suitable protective material between the two outermost plies. The HMR do not define "plies."

A 5M2 paper bag may include plies made out of other materials provided there are at least three plies made out of a material equivalent to a suitable Kraft Paper. Therefore, the bag described in your letter is a four-ply bag. It is the opinion of this Office that if the polyethylene coated ply—which you described as one of the two outermost plies—is water-resistant, your bag construction meets the design standards in § 178.521(b)(2).

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

178.521(b)(1), 178.521(b)(2)

Regulation Sections