{"operation":"document","citation":"02-0126","title":"Allied Universal Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-06-06","effective_on":null,"summary":"02-0126 response to Allied Universal Corporation concerning 178.601.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0126.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0126.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0126","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020126.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nJUN - 6 2003\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nAdministration\nSpecial Programs\nSafety and Compliance Manager\nMs. Robin J. Eddy Bolte\nRef. No. 02-0126\nAllied Universal Corporation\n3901 N.W. 115th Avenue\nMiami, Florida 33178\nDear Ms. Eddy Bolte:\nThis responds to your letter regarding the testing of\nspecification packagings under the Hazardous Materials\nRegulations (HMR; 49 CER Parts 171-180). Specifically, your\nconsists of a fiberboard box containing four plastic bottles with\ncompany uses a tested combination packaging design type that\nchild resistant screw-on caps. Your company intends to purchase\nsimilar design inner plastic bottles with child resistant screw-\nsimilar caps from a different manufacturer.\nYou state that using\npermissible under the definition of a \"different packaging\" in\nthat are made by a different manufacturer would be\n$ 178.601 (c) (4) (ii).\nthis would be permissible under selective testing variation 1, in\nIn addition, it is your understanding that\n$ 178.601(g) (1). I apologize for the delay in responding.\nincorrect.\nYour understanding of the provisions in S 178.601 (c) (4) (ii) is\nthe outer\npackaging has been successfully tested with different\nA combination packaging which differs only in that\ninner packagings is not considered a different packaging. The\npackaging without further testing.\n[tested] inner packagings may be assembled in this outer\ninner packagings provided by a different manufacturer would not\nHowever, the use of untested\ndifferent.\nsatisfy this requirement and, therefore, the packaging would be\nYour understanding of § 178.601(g) (1) Variation I is correct.\nProvided the closure is of similar design (e.g., screw cap,\nfriction lid, etc.), the inner packagings are of similar design\nor greater impact resistance than that of the originally tested\n(i.e., shape), and the material of construction offers the same\ninner packaging, further testing of a tested design type is not\nnecessary.\nTherefore, provided an equivalent level of\nperformance can be ascertained, you may, under Variation\ninner packagings constructed by a different manufacturer.\n1, use\n178.601 (c)(4)\n020126\n\n<<<PAGE 2>>>\n\nI trust this satisfies your inquiry.\nbe of further assistance.\nPlease contact us if we can\nSincerely,\nHithe 2. Mitchell\nHattie I. Mitchell\nChief,\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n:..\n\n<<<PAGE 3>>>\n\nStevens\n8178:601 c)(4)\nTesting tackages\nALLIED UNIVERSAL. CORP., 3901 .W. 118' Avenue, Miami, Florida 33178\n02 -0126\nFax 305-885-4671\n305-888-2823\nDirector for Hazardous Materials Standards\nMr. Edward Mazzullo\n400 Seventh Street, S.W., DHM-10\nU.S. Department of Transportation\nWashington, D.C. 20590-0001\nApril 25, 2002\nSubject: Interpretation, Different Packaging 49 CFR §178.601 (c)(4)\nDear Mr. Mazzullo:\nI am writing to you once again as my company is trying to determine package testing requirements as\nspecified in 49 CFR §178, Subpart M.\n49 CFR §178, Subpart M.\nOur concer is in regards to the testing of a fiberboard box (packaging code 4G) per the requirements in\n4G/Y19.4/S/02/USA/(number for approving agency). The fiberboard box inner packaging is four plastic\nCurrently, the box we utilize holds the following certification: UN\nbottles with a child resistant screw-on cap. Our question concers the inner packaging.\nthat was utilized during the performance oriented testing, without requalifying the package? Or do we\nresistant screw-on cap, may we purchase it from another manufacturer, one who did not make the cap\nCFR $178.601(c)(4)(ii) states that testing is required for different packaging, but a different package does\nhave to retest the package if we buy the chlld resistant screw-on cap from another manufacturer? 49\ntested with different inner packagings. A variety of such inner packagings may be assembled in this\nnot include a combination packaging which differs only In that the outer packaging has been successfully\nand child resistant screw-on caps could be made by a variety of manufactures, and not require additional\nouter packaging without further testing. That definition moves us to belleve that the inner plastic bottles\nperformance oriented packaging testing because the outer package (the fiberboard box) has the stayed\nI did speak to one of your agents at the Hazardous Material Hotline on Aprl 22, 2002. After a brief\nadditional testing was required so long as the original fiberboard box provided in the original United\nconversation with her, and further conversatlons with an engineer, she determined that no such\nand child resistant screw-up on cap did not warrant additional performance oriented packaging testing.\nNations authorization was continued to be used. Changing the manufacturer of the Inner plastic bottle\nay company would like you to once again review this question and to provide an Interpretation in writing\nwhomever is involved in the conversation.\nVe our concerned that 49 CFR 178.601(c)(4) is open to a variety of interpretations based upo\nIf you should have any questions, please call me at 800-437-8715, extension 183.\nThank you.\nAllled Universal Corp.\nSafety and Regulatory Compliance Manager\nco:\nJ. Palmer. COO/General Manugar\n6662-908-5T6\n• d. .","truncated":false,"body_characters":5266}