{"operation":"document","citation":"00-0152","title":"Green Bay Packaging Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-01-09","effective_on":null,"summary":"00-0152 response to Green Bay Packaging Inc. concerning 178.601.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0152.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0152.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0152","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000152.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nJAN - 9 2001\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nMr. David Teames\nRef No. 00-0152\nDesign Manager\nGreen Bay Packaging Inc.\n7901 S. Freeway\nFort Worth, TX 76134\nDear Mr. Teames:\nThis is in response to your letter requesting clarification of\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\nthe requirements for certification of a UN standard packaging\n180) •\nSpecifically, you inquire whether a deliberate ⅛\"\nincrease in depth in the dimensions of an outer packaging would\nconstitute a new design under $ 178.601 (c) (4) and would, and\nfrom the packaging assembler who assumes responsibility as the\nmanufacturer of the packaging.\nIn the letter, the manufacturer\nof the packaging states that this modification is\nnot considered\na different packaging under the HMR.\nThe manufacturer is incorrect.\nUnder the HMR,\n'the manufacturer\nthe packaging meets the UN standard to which it is certified.\nidentified on the packaging has the responsibility to ensure that\nAs set forth in § 178.601 (c) (4), a change in structural design,\nsize, material of construction, wall thickness or manner of\nconstruction is a different packaging.\nThe only variances\nallowed\nare those set forth in S 178.601 (c) (4) (i) through (vi)\nand § 178.601(g). Therefore, any intentional increase in the\ndimensions of\na packaging would be considered a different\npackaging and, therefore, require design qualification testing.\nI trust this satisfies your inquiry. Please contact us if we can\nbe of further assistance.\nSincerely,\nHotte 2. Mitchell\nHattie I. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n178.601\n000152\n\n<<<PAGE 2>>>\n\nSent By: GREEN BAY PACKAGING;\n011\n001 cours\n4. ---\n----\nEdward Mazzullo,\nCUSTOMER THAT WE MAKE HAZ MAT BOXES FOR. THE CUSTOMER RECENTLY HAD HIS\nMY NAME IS DAVID TEAMES WITH GREEN BAY PKG. IN FORT WORTH. I HAVE A\nDEPTH OF HIS BOX BY 1/8 OF INCH IF HE HAD TO RE-CERTIFY. I SENT HIM 178.601 (C) (4)\nBOX RE-CERTIFIED. LAST WEEK, HE CONTACTED ME AND ASKED IF HE INCREASED HIS\n(V). I SAID HE WOULD HAVE RE-CERTIFY. HE SENT ME THIS LETTER WHICH I AM\nSENDING, I WOULD APPRECIATE YOUR RULING ON THIS.\nTHANKS DAVID TEAMES\nDavid Teamnes\nDEBION MANAGEA\nGB\nDIRECT 8'1.551 9163\nCircen Bay Packaging Ine.\n790: g CREEWAY TORTWORTH, IX 10124\nFORT WORTH CONTAINER DIVISION\nMCIRO 817-472 5491\nErnie fix the\nMatE. 43730,101904\nLT WORTH TEXAS\nSAY 017-453 2007\nDALLAS. TEXA\n-'i..\n\n<<<PAGE 3>>>\n\n10 • 24\nHAZMAT DEPARTMENT\nI0 Cotimbre Arsinua, Vatretta, NY 15005\n05/02/2000\nTO: Larry Stanley - AdLA Box Co.\nRE: Pepsi Carton 175 ARL, 2x1 gallon glass\nspecificațions noted in the UN cortificare. The dimensions in the UN certificeto are outsido\nThe proposed changes in the carton internal dimensions do not take the carton beyond the\nneasure them on a carton. (At the top / middle / bottom / side w/mg joint / side w/o mfg. joint.\nImensions. These are not a very accurate dimension, as they will vary depending on how you\nstal. This permits checks of cutors in shipment without opening them and cutting holes in the\nThe reason that ouside dimensions are listed is for a quick compliance check by feld\n. side to cheok internal dimensions.\nCartons are made to internal dimensions not outside dimersions, as you woll know, since\nthis is what controls the package fit in the carton.\nNominally cartons bave a t/- of 1/8 in on dimensions. If you measure the Ourside\nDimensions of the carror you will flad we are within that Y in Boat.\nThe section chet you refer to in the regulations 49 CFR 178.601 is an often-quoted ose,\nIl taken al tace value, no package manufactures can ever make all of the packagos identical to the\nbut usually in error. Reviewing it you will see lost Soc (t) (4) refers to all pockaging in general.\ndacinid cach time. (Nor plastic or ractal or corrugntod.)\n(c) (4) A different packaging is one thai differs (ia. is nos idersical) from a proviously\nproduced packaging in structural derign, sise, matertal of construction, wall thickness or\nmanner of conspruction but does not inciend:\nWhat the iment of the regulations are, is to forte manufactures to manufacture cartons in\nthe tested size and not use tax certificate to make several different sizes. If you manufacture\nusing due diligence and are prepared to defond the position for complizace ra the variations\nmensure would be in non-compliance. (LE: Something larger than be normal manufactare float.)\nnocux, thare should to no issue. The use of cartons that are different by a non debatable\nhave the sure caliper as originally tested or the sure basis weight or the sane ECT. You may\nFor example with a comagated carton, you cansor guaranice that all of the cartons will\n\n<<<PAGE 4>>>\n\nHAZMAT DEPARTMENT\n350 Columbus Avarma, Veltalia, NY 10680\nariginally. This is a fact of the corrugated manufacture process.\nbe close, but you will never make 100% of the production the same as what was tessed\nthurt are used by packigo manufacturce, (Pepsi), is the following. 49 CFR 178.601 (b)\nThe section that is often missed by manuftclures of packaging, (corrugated suppliers),\n(b) Resporsibilicy. It is the respansibility of the packaging manufaclurer to assure that each\nfunction, including final clasure, is performed by the person who offers a hasardous material for\npackaze is capable of passing the prescribed toss. To the caters that a package arsembly\n§$173.72 and 178.2 of this subchapter.\ntransportalion, that persor is respansible for performing the function in accordance with\nto aocent the normal +/- toleraacos as still meeting the performance criteria. Inare is no\nWhat this says is that Pepsi is responsible for complience of the package, we have chosen\nguidence as to what +/- is accoptable in the regulations. Wears providing you with a\nspecification that requosts an internal dimension for ibe carton. What we are changing is the\ninternal dimensions adding 1/8 \" in somo of them. You cannor perfora the corapliance checks,\nas you do not havo bottles, closures, ec.\nIf you disagree with this, we on re-cert, but the now samples may to retured with the\nsame listed dimensions; it all dopenda on what the lab knousures.\n171.1\nTOTAL P.02","truncated":false,"body_characters":6245}