TEN-B Packaging Services, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation JUN 17 2005 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materiais Safety Mr. Robert J. Ten Eyck Ref. No.: 05-0141 Director, Technical Services TEN-E Packaging Services, Inc. 1666 County Road 74 Newport, MN 55055 Dear Mr. Ten Eyck: This is in response to your June 3, 2005 letter regarding the selective testing variations under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if Variation 2. in § 178.601(g) applies to Division 2.1 materials (e.g., butane filled cigarette lighters). You are correct in your understanding that Variation 2 applies to combination packagings designed and tested to contain liquids or solids and does not apply to flammable gases. In accordance with Special Provision N10 of § 172.102, lighters in their approved inner packagings must be packaged in one of the following outer packagings that have been design qualified tested at the Packing Group I performance level or higher: (1) 4C1 or 4C2 wooden boxes; (2) 4D plywood boxes; (3) 4F reconstituted wood boxes; 4G fiberboard boxes; or (5) 4H1 or 4H2 plastic boxes. Under § 178.601(g), it is perrnissible to vary the number and type of approved lighter/inner packaging configurations that are packed in an outer UN standard packaging without further design qualification testing of the package, provided an equivalent level of performance is maintained. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Nathe z. Mitshell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 178-601(g)(2) 050141#

Page 2Pollack TENCE §178.6019 2) Setting the standard resting June 3, 2005 05-0741 Susan Gorsky U.S. DEPARTMENT OF TRANSPORTATION Office of Hazardous Materials Safety Pipeline and Hazardous Materials Administration Standards DHM-10 400 7* Street S.W. Washington, DC 20590 Dear Susan: TEN-E Packaging Services, Inc. requests a clarification on whether or not the selective testing variation 2 found in Section 178.601(g)(2) of Title 49 CFR: may se applied to combination packaging with inner butane lighters. The regulation ir part states "Articles or inner packagings of any type, for liquids or solids, may be assembled". Does the fact that gases are not mentioned in this section preclude the use of this variation for articles (lighters) filled with flammable compressed gases? TEN-E had discussed this matter with Don Burger in DOT's Engineering group and he suggested that we seek a written clarification. Our client is working to develop a new line of specification packaging by the end in time. of July, 2005 and so we hope to have a response from the agency by that point Thank you in advance for your assistance on this regulatory matter. Sincerely, Directór, Technical Services TEl-E Pachaging Services Inc 1666 County Road 24 Hewport, Minnesota 55055 email:info@TEIl-E.com wet:www.TEN-E.com 651.459.0671 651.459.1430 ISO 9002| IS09002 32 address phone Tiax#