LPS Industries, Inc. — Hazardous Materials Safety Interpretation

Page 1FEB - 8 2002 400 Seventh St., S.W. Washington, D.C. 20590 esearch anc Ref. No. 02-0025 Mr. Gary Flaherty 10 Caesar Place LPS Industries, Inc. Moonachie, NJ 07074 Dear Mr. Flaherty: This is in response to your letter requesting clarification of the requirements under the Hazardous Material Regulations (HMR; 5.0.2.12.2 in the International Air Transport Association's 49 CFR Parts 171-180) regarding § 173.27 (c) and paragraph Dangerous Goods Regulations (IATA DGR) . You ask whether a for a combination packaging for transportation by aircraft. You packaging must be retested when a supplementary packaging is used also ask how changes to $ 173.27 impact IATA's requirement. paragraph 5.0.2.12.2 to require a "leak-proof liner, plastic bag We have made no changes to § 173.27, however; IAȚĄ amended DGR' s or other equally efficient means of containment" for a supplemental packaging. As you discussed in a telephone conversation with a member of our staff, under the HMR, you are addition of any of these means of containment changes the not required to retest the combination packaging unless the structural design of the combination packaging or its capability to meet the prescribed tests and conform to the requirements of $ 173.24 (see $ 178.601). I hope this information is helpful. Please contact this office if may be of further assistance. Sincerely, _Gwoch Broky • John A. Gale Transportation Regulations Specialist Office of Hazardous Materials Standards 173,27 020025#

Page 2Inture LPS 3173.271 INDUSTRIES ING. Aircraft Moonachla 10 Caesar Place 02-0025 New Jersey 07074 201.438.3515 phons January 22, 2002 toll frea B00.275,4577 Edward Mazzullo Director Office of Hazardous Material Standards 201.438.0040 fax 400 7 Street SW (US DOT/RSPA/DHM-10) wabsite www.lpsind.com Washington, DC 20590 sEction. faxihie Fax 202-366-3012 group packaging MI. Mazzullo, reçlosable Loc-Top® polyathylene determination and written response regarding the changes to DOT regulation 173.27 (of LPS Industries is a manufacturex of non-bulk combination packaging. I am requesting a bags Rapper protes CFR 49) and the impact on IATA 5.0.2.12.2; Table S.0.B. Speedy-pax spoke with Bob Richards of your office regarding this issue. He said we are not required Our testing lab said we might need to re-test our packs to comply with these changes. I envelopes courier to re-test. Bob explained; in certain situations a shipper sending a liquid in a combination VaporFlex" packaging presarvation pack where the outer container is not water-tight, will have to use a liner, poly bag or other means of containment, to protect against a leak in the primary container. Bob said this is supplemental packaging and it is the shipper's responsibility to comply with these new regulations. He told me we do not need to modify our packs. Completo Latel° Can you please verify in writing, the explanation I received from Bob. Santa media Thank you for your help in this matter. Pres-Qulek- pressure envelopes sensitive parkaging ganaral Gary Flaherty group Office Manager EXT. 312 packaging systems General Packaging/Hazmat Division identification products hazardous shippers material packaging static control#