Green Bay Packaging Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department JAN - 9 2001 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration Mr. David Teames Ref No. 00-0152 Design Manager Green Bay Packaging Inc. 7901 S. Freeway Fort Worth, TX 76134 Dear Mr. Teames: This is in response to your letter requesting clarification of under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- the requirements for certification of a UN standard packaging 180) • Specifically, you inquire whether a deliberate ⅛" increase in depth in the dimensions of an outer packaging would constitute a new design under $ 178.601 (c) (4) and would, and from the packaging assembler who assumes responsibility as the manufacturer of the packaging. In the letter, the manufacturer of the packaging states that this modification is not considered a different packaging under the HMR. The manufacturer is incorrect. Under the HMR, 'the manufacturer the packaging meets the UN standard to which it is certified. identified on the packaging has the responsibility to ensure that As set forth in § 178.601 (c) (4), a change in structural design, size, material of construction, wall thickness or manner of construction is a different packaging. The only variances allowed are those set forth in S 178.601 (c) (4) (i) through (vi) and § 178.601(g). Therefore, any intentional increase in the dimensions of a packaging would be considered a different packaging and, therefore, require design qualification testing. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Hotte 2. Mitchell Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 178.601 000152#

Page 2Sent By: GREEN BAY PACKAGING; 011 001 cours 4. --- ---- Edward Mazzullo, CUSTOMER THAT WE MAKE HAZ MAT BOXES FOR. THE CUSTOMER RECENTLY HAD HIS MY NAME IS DAVID TEAMES WITH GREEN BAY PKG. IN FORT WORTH. I HAVE A DEPTH OF HIS BOX BY 1/8 OF INCH IF HE HAD TO RE-CERTIFY. I SENT HIM 178.601 (C) (4) BOX RE-CERTIFIED. LAST WEEK, HE CONTACTED ME AND ASKED IF HE INCREASED HIS (V). I SAID HE WOULD HAVE RE-CERTIFY. HE SENT ME THIS LETTER WHICH I AM SENDING, I WOULD APPRECIATE YOUR RULING ON THIS. THANKS DAVID TEAMES David Teamnes DEBION MANAGEA GB DIRECT 8'1.551 9163 Circen Bay Packaging Ine. 790: g CREEWAY TORTWORTH, IX 10124 FORT WORTH CONTAINER DIVISION MCIRO 817-472 5491 Ernie fix the MatE. 43730,101904 LT WORTH TEXAS SAY 017-453 2007 DALLAS. TEXA -'i..#

Page 310 • 24 HAZMAT DEPARTMENT I0 Cotimbre Arsinua, Vatretta, NY 15005 05/02/2000 TO: Larry Stanley - AdLA Box Co. RE: Pepsi Carton 175 ARL, 2x1 gallon glass specificațions noted in the UN cortificare. The dimensions in the UN certificeto are outsido The proposed changes in the carton internal dimensions do not take the carton beyond the neasure them on a carton. (At the top / middle / bottom / side w/mg joint / side w/o mfg. joint. Imensions. These are not a very accurate dimension, as they will vary depending on how you stal. This permits checks of cutors in shipment without opening them and cutting holes in the The reason that ouside dimensions are listed is for a quick compliance check by feld . side to cheok internal dimensions. Cartons are made to internal dimensions not outside dimersions, as you woll know, since this is what controls the package fit in the carton. Nominally cartons bave a t/- of 1/8 in on dimensions. If you measure the Ourside Dimensions of the carror you will flad we are within that Y in Boat. The section chet you refer to in the regulations 49 CFR 178.601 is an often-quoted ose, Il taken al tace value, no package manufactures can ever make all of the packagos identical to the but usually in error. Reviewing it you will see lost Soc (t) (4) refers to all pockaging in general. dacinid cach time. (Nor plastic or ractal or corrugntod.) (c) (4) A different packaging is one thai differs (ia. is nos idersical) from a proviously produced packaging in structural derign, sise, matertal of construction, wall thickness or manner of conspruction but does not inciend: What the iment of the regulations are, is to forte manufactures to manufacture cartons in the tested size and not use tax certificate to make several different sizes. If you manufacture using due diligence and are prepared to defond the position for complizace ra the variations mensure would be in non-compliance. (LE: Something larger than be normal manufactare float.) nocux, thare should to no issue. The use of cartons that are different by a non debatable have the sure caliper as originally tested or the sure basis weight or the sane ECT. You may For example with a comagated carton, you cansor guaranice that all of the cartons will#

Page 4HAZMAT DEPARTMENT 350 Columbus Avarma, Veltalia, NY 10680 ariginally. This is a fact of the corrugated manufacture process. be close, but you will never make 100% of the production the same as what was tessed thurt are used by packigo manufacturce, (Pepsi), is the following. 49 CFR 178.601 (b) The section that is often missed by manuftclures of packaging, (corrugated suppliers), (b) Resporsibilicy. It is the respansibility of the packaging manufaclurer to assure that each function, including final clasure, is performed by the person who offers a hasardous material for packaze is capable of passing the prescribed toss. To the caters that a package arsembly §$173.72 and 178.2 of this subchapter. transportalion, that persor is respansible for performing the function in accordance with to aocent the normal +/- toleraacos as still meeting the performance criteria. Inare is no What this says is that Pepsi is responsible for complience of the package, we have chosen guidence as to what +/- is accoptable in the regulations. Wears providing you with a specification that requosts an internal dimension for ibe carton. What we are changing is the internal dimensions adding 1/8 " in somo of them. You cannor perfora the corapliance checks, as you do not havo bottles, closures, ec. If you disagree with this, we on re-cert, but the now samples may to retured with the same listed dimensions; it all dopenda on what the lab knousures. 171.1 TOTAL P.02#