{"operation":"document","citation":"01-0167","title":"The Compliance Center Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-10-31","effective_on":null,"summary":"01-0167 response to The Compliance Center Inc concerning 178.60.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0167.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0167.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0167","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010167.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nOCT 3 1 2001\nSpecial Programs\nAdministration\nMs. Dawn M. Anderson\nThe Compliance Center Inc\nRef. No. 01-0167\n2150 Liberty Drive\nNiagara Falls, NY 14304\nDear Ms. Anderson:\nThis responds to your June 22, 2001 letter requesting clarification of requirements for cushioning\nmaterial used in packagings manufactured in accordance with Variation 2 in § 178.601(g)(2) of the\nHazardous Material Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you asked if your understanding is correct that cushioning material used in Variation 2\npackagings must be such that: 1) the thickness of cushioning material surrounding each inner packaging\nis at least as great as the thickness of the cushioning material in the originally tested packaging; 2) if the\ninner packagings contain liquids, the absorbent material must be capable of absorbing the entire liquid\ncontents of the inner packaging, and must be placed in a leakproof liner; 3) the cushioning material must\nbe compatible with the contents of the inner packagings; and 4) any suitable cushioning material may be\nused, if it meets the requirements of items 1 through 3 above, and the gross weight of the completed\npackaging does not exceed the marked gross weight of the packaging certified under Variation 2.\nYour understanding is correct. In accordance with the requirements for packagings under Variation 2,\nas specified in § 178.601(g)(2), the thickness of cushioning material between inner packagings and\nbetween inner packagings and the outside of the packaging may not be reduced below the\ncorresponding thickness in the originally tested packaging. When a single inner packaging was used in\nthe original test, the thickness of cushioning between inner packagings may not be less than the\nthickness of cushioning between the outside of the packaging and the inner packaging in the original\ntest. When either fewer or smaller inner packagings are used, sufficient additional cushioning material\nmust be utilized to take up void spaces.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nmn Billio\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n178.60\n010167\n-\n\n<<<PAGE 2>>>\n\nengrum\nJune 28, 2001\n:$|78.601\nMr. Edward Mazzullo\nThe\nDirector\ntackaging\nCompliance\nUS Department of Transportation\nOffice of Hazardous Materials Standards - DHM-10\n51-0167\nCenter Inc.\n400 Seventh Street, S.W.\nWashington, DC 20590\nDear Mr. Mazzullo:\nI am writing as a follow up to my recent conversation with Diane LaValle regarding\nVariation 2 packaging. As a packaging manufacturer, ICC The Compliance Center, Inc. is\ncommitted to doing everything we can to ensure that our customers are in compliance with the\nregulations for the transportation of hazardous materials.\nOne question we are repeatedly asked is related to the cushioning material used in\nVariation 2 packagings. Our Variation 2 packagings are tested using vermiculite. Some\ncustomers, particularly those shipping items like aerosol cans (which must be in specification\npackagings for international shipment by air) want to substitute an alternative cushioning\nmaterial, such as Styrofoam peanuts. Since compressed gasses do not require absorbent material,\nas long as the thickness of the cushioning is maintained (and it is compatible with the contents)\nMs. LaValle indicated that this was an acceptable practice.\nI would like to obtain written confirmation of what I understand to be the intent of\nVariation 2, in regards to cushioning materials.\nThe amount of cushioning used must be such that the thickness of cushioning\nsurrounding each inner packaging or article is at least as great as the thickness of the\ncushioning in the originally tested packaging\nIf the inner packagings contain liquids, the cushioning material must be capable of\nand the inner packagings must be placed in a leakproof liner.\nabsorbing the entire liquid contents of the inner packaging. In this case, the absorbent\n3. The cushioning material must be compatible with the contents of the inner\npackagings,\n4. Any suitable cushioning material may be utilized, as long as it meets items 1 through\n3 above, and the gross weight of the completed package does not exceed the marked\ngross weight on the variation 2 packaging.\nThank you for your attention to this matter, I look forward to receiving your resposne.\nSincerely,\nDaunMAnderson\nDawn M. Anderson\nRegulatory Specialist\nTexas: 10620 Stebbins Circle, Suite D • Houston, TX 77043 • PH: 713-722-0035 FX: 713-722-0026\nNew York: 2150 Liberty Drive • Niagara Falis, NY 14304 • PH: 716-283-0002 FX: 716-283-0119\nUSA Customer Service 888-442-9628\nVisit our website at www.thecompliancecenter.com","truncated":false,"body_characters":4808}