C.L. Smith Company — Hazardous Materials Safety Interpretation

Page 1J.S. Departmen of Transportatior 400 Seventh Street, S.W. Washington, D.C. 20590 Hazardous Materials Safety Pipeline and Administration JUL 27 2005 Mr. Lonnie Jaycox Ref. No.: 05-0025 1311 South 39'h Street C.L. Smith Company St. Louis, MO 63110-2535 Dear Mr. Jaycox: This is in response to your January 26, 2005 letter regarding testing requirements for specification packagings under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the addition of a liner bag and absorbent material in the void space of a previously tested combination packaging would require design qualification testing as "a different packaging." The answer is no, provided the addition of the liner and absorbent material do not effect the structural integrity of the combination packaging. "A different packaging" is defined in § 178.601 (c)(4) as a packaging that differs from a previously produced packaging in Therefore, further design qualification testing is not required if the alterations to the structural design, size, material of construction, wall thickness or manner of construction. packaging do not constitute "a different packaging." In addition, the completed and filled packaging, after the liner and absorbent material are added, may not exceed the gross weight of the originally tested packaging. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Title z. mitchell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 178.601C) 050025#

Page 2Page 1 of 1 Pollacbt INFOCNTR $178.601k) From: lonnie jaycox [ljaycox@clsmith.com] Sent: Wednesday, January 26, 2005 10:40 AM 05-tun2s To: INFOCNTR Subject: Absorbent fill natural void space in the carton without the use of a fill or absorbent material (i.e. round bottles in If a combination package has been tested and certified in a configuration that produces some a square carton would have such voids even when the bottles are held securely in place in the with air cells being used to position primary containers of any sort.), would the addition of a liner carton, an inner container with a cone top produces the same effect, as would a nested partition the package constitute a "different package" that would require re-testing; assuming of course, bag and loose fill material (such as a soft particulate absorbent) into the natural void spaces in that the inner containers must be filled to a lighter weight than the originally tested design type in components or assembly of the originally tested design type except to fill natural voids with a soft order to respect the gross package weight limitations and no changes are made to the CL Smith Co. Lonnie Jaycox St. Louis, MO 63110 1311 South 39th Street ljaycox@clsmith.com 314-771-1202, ext: 267#