Interpretation Response #19-0004

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

Interpretation Response Details

Response Publish Date: 07/08/2019

Company Name: Mauser Packaging Solutions

Individual Name: Tatiana Smoleeva

Location State: NJ Country: US

View the Interpretation Document

Response text:

July 8, 2019

Tatiana Smoleeva
Manager, Regulatory and Testing
Mauser Packaging Solutions
2 Tower Center Blvd., 20th Floor
East Brunswick, NJ 08816

Reference No. 19-0004

Dear Ms. Smoleeva:

This letter is in response to your December 18, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging selective testing requirements. Specifically, you seek clarification on the design type changes and selective testing requirements for non-bulk packagings in § 178.601.

We have paraphrased and answered your questions as follows:

Q1. You ask whether variations in the material of closure for the cover of an open-head UN1A2 steel drum constitute a “different packaging” design type for which design qualification and periodic testing is required.

A1. The answer is no. As provided in § 178.601(g)(8)(xii), variations to the material used for the cover (i.e., the closure) of a UN1A2 steel drum would not be considered a different drum design. This exception only applies to a UN1A2 steel drum.

Q2. You seek confirmation of your understanding based on a historical Letter of Interpretation (Ref. 99-0054) and the testing requirements found in § 178.601(g)(5), that selective testing under Variation 5 encompasses all single packaging design types, including closures (i.e., closure devices) and gaskets on the cover of a UN1A2 steel drum.

A2. Your understanding is correct. In accordance with § 178.601(g)(5), 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 original tested design type may be used without further testing provided an equivalent level of performance is maintained, subject to the conditions contained in § 178.601(g)(5)(i) and (ii).

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

Dirk DerKinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

178.601, 178.601(g)(5), 178.601(g)(5)(i) and (ii), 178.601(g)(8)(xii)

Regulation Sections