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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #22-0057

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

Interpretation Response Details

Response Publish Date:

Company Name: Department of The Army

Individual Name: Mr. Thomas Kudasz

Location State: IL Country: US

View the Interpretation Document

Response text:

July 28, 2023

Mr. Thomas Kudasz
Director, Command Safety
Department of The Army
Military Surface Deployment and Distribution Command
1 Soldier Way
Scott Air Force Base, IL  62225-5006

Reference No. 22-0057

Dear Mr. Kudasz:

This letter is in response to your June 3, 2022, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to non-bulk United Nations (UN) performance packaging. Specifically, you ask whether placing additional new padding between the sealed inner bag and the outer fiberboard box of a previously-tested combination packaging would be considered a “different” packaging and require separate design qualification testing.

As described by your scenario, it is the opinion of this Office that the addition of new padding placed between the sealed inner bag and the outer fiberboard box would not be considered a "different" packaging as defined in § 178.601(c)(4). The padding is merely for cushioning purposes and does not alter the combination packaging in any tangible manner provided the completed package does not exceed its rated capacity. See § 178.503(a)(11).

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


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

178.503(a)(11), 178.601(c)(4)

Regulation Sections

Section Subject
178.503 Marking of packagings
178.601 General requirements