Allied Universal Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department JUN - 6 2003 400 Seventh St., S.W. Washington, D.C. 20590 Research and Administration Special Programs Safety and Compliance Manager Ms. Robin J. Eddy Bolte Ref. No. 02-0126 Allied Universal Corporation 3901 N.W. 115th Avenue Miami, Florida 33178 Dear Ms. Eddy Bolte: This responds to your letter regarding the testing of specification packagings under the Hazardous Materials Regulations (HMR; 49 CER Parts 171-180). Specifically, your consists of a fiberboard box containing four plastic bottles with company uses a tested combination packaging design type that child resistant screw-on caps. Your company intends to purchase similar design inner plastic bottles with child resistant screw- similar caps from a different manufacturer. You state that using permissible under the definition of a "different packaging" in that are made by a different manufacturer would be $ 178.601 (c) (4) (ii). this would be permissible under selective testing variation 1, in In addition, it is your understanding that $ 178.601(g) (1). I apologize for the delay in responding. incorrect. Your understanding of the provisions in S 178.601 (c) (4) (ii) is the outer packaging has been successfully tested with different A combination packaging which differs only in that inner packagings is not considered a different packaging. The packaging without further testing. [tested] inner packagings may be assembled in this outer inner packagings provided by a different manufacturer would not However, the use of untested different. satisfy this requirement and, therefore, the packaging would be Your understanding of § 178.601(g) (1) Variation I is correct. Provided the closure is of similar design (e.g., screw cap, friction lid, etc.), the inner packagings are of similar design or greater impact resistance than that of the originally tested (i.e., shape), and the material of construction offers the same inner packaging, further testing of a tested design type is not necessary. Therefore, provided an equivalent level of performance can be ascertained, you may, under Variation inner packagings constructed by a different manufacturer. 1, use 178.601 (c)(4) 020126#

Page 2I trust this satisfies your inquiry. be of further assistance. Please contact us if we can Sincerely, Hithe 2. Mitchell Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards :..#

Page 3Stevens 8178:601 c)(4) Testing tackages ALLIED UNIVERSAL. CORP., 3901 .W. 118' Avenue, Miami, Florida 33178 02 -0126 Fax 305-885-4671 305-888-2823 Director for Hazardous Materials Standards Mr. Edward Mazzullo 400 Seventh Street, S.W., DHM-10 U.S. Department of Transportation Washington, D.C. 20590-0001 April 25, 2002 Subject: Interpretation, Different Packaging 49 CFR §178.601 (c)(4) Dear Mr. Mazzullo: I am writing to you once again as my company is trying to determine package testing requirements as specified in 49 CFR §178, Subpart M. 49 CFR §178, Subpart M. Our concer is in regards to the testing of a fiberboard box (packaging code 4G) per the requirements in 4G/Y19.4/S/02/USA/(number for approving agency). The fiberboard box inner packaging is four plastic Currently, the box we utilize holds the following certification: UN bottles with a child resistant screw-on cap. Our question concers the inner packaging. that was utilized during the performance oriented testing, without requalifying the package? Or do we resistant screw-on cap, may we purchase it from another manufacturer, one who did not make the cap CFR $178.601(c)(4)(ii) states that testing is required for different packaging, but a different package does have to retest the package if we buy the chlld resistant screw-on cap from another manufacturer? 49 tested with different inner packagings. A variety of such inner packagings may be assembled in this not include a combination packaging which differs only In that the outer packaging has been successfully and child resistant screw-on caps could be made by a variety of manufactures, and not require additional outer packaging without further testing. That definition moves us to belleve that the inner plastic bottles performance oriented packaging testing because the outer package (the fiberboard box) has the stayed I did speak to one of your agents at the Hazardous Material Hotline on Aprl 22, 2002. After a brief additional testing was required so long as the original fiberboard box provided in the original United conversation with her, and further conversatlons with an engineer, she determined that no such and child resistant screw-up on cap did not warrant additional performance oriented packaging testing. Nations authorization was continued to be used. Changing the manufacturer of the Inner plastic bottle ay company would like you to once again review this question and to provide an Interpretation in writing whomever is involved in the conversation. Ve our concerned that 49 CFR 178.601(c)(4) is open to a variety of interpretations based upo If you should have any questions, please call me at 800-437-8715, extension 183. Thank you. Allled Universal Corp. Safety and Regulatory Compliance Manager co: J. Palmer. COO/General Manugar 6662-908-5T6 • d. .#