C.L. Smith Company — Hazardous Materials Safety Interpretation

Page 1400 Seventh Street, S.W. Washington, D.C. 20590 pair us Materials Safet dministratio SEP i 4 2006 Mr. Lonny Jaycox Ref. No.: 06-0129 L. Smith Compan 311 South 39th Stree St. Louis, Missouri 63110 Dear Mr. Jaycox: This is in response to your May 30, 2006 email regarding the application of selective testing Variation 4 in § 178.601(g) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, your state that your company has a performance oriented packaging design type that is tested and certified with a closure method specified in the notification as follows: "Tape XXXX, 48mm wide, poly PST, single strips top and bottom, centered both longitudinally along and spanning the flap seams, extending a minimum of 2.5" onto the sides of the carton, with tape adhered firmly in place." However, your company would like to use lape xxXx, 72mm wide, which is different from the original notification. Your questions are paraphrased and answered below: Q1: If a shipper complies with the closure method specified in the notification, then adds some additional strips of the same tape, either in a similar manner slightly offset from the flap seams, or in a different manner, would that package be considered a "different packaging design type" under the HMR and require retesting? Al: The answer is no. A different packaging as defined in § 178.601(c)(4), is one that size, material of construction, wall thickness, or manner of construction. The packaging differs (i.e., is not identical from a previously produced packaging in structural design, heir policio afa dional pape to our be conside wedad nor ent desidered a irferent ackaging design type consistent with the closure method specified in the notification, would that package be Q2: If a shipper uses the 72mm wide version of the tested 48mm wide tape and applies it considered a "different packaging design type" under the HMiR and require retesting? 178.1 178.819 060129 178.601#

Page 2A2: The answer is yes. Changing the size of the tape from that specified in the packaging test report and closure notification constitutes a change in design. To eliminate this notification amended to specify the actual widths or a range of widths. problem, two packagings should be tested with the different tapes and the packaging method specified in the notification, would that package be considered a "different Q3: If a shipper applied both 48mm and 72mm wide tape consistent with the closure packaging design type" under the HMR and require retesting? A3. See preceding answers. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, - John A.Gale" / Office of Hazardous Materials Standards / Chief, Standards Development#

Page 3Steven Jarman, Erin <PHMSA› Reterford Sent: From: ljaycox@clsmith.com Subject: To: INFOCNTR <PHMSA> Tuesday, May 30, 2006 11:27 AM $178.1 Information Center Comments/Questions $178.819 Below is the result (1jaycox@clsmith.com) of your feedback form. on Tuesday, May 30, 2006 was submitted by Lonnie 11:27:08. Jaycox packagings 06 - 0129 Email: ljaycox@clsmith.com Name: Lonnie Jaycox Category: Specifications for Packagings (Sections 178.1 - 178.819) | Organization: C L Smith Co. Street: 1311 South 39th Street City: St. Louis State: Missouri Zip Code: 63110 Phone: 314-771-1202. Fax: 314-773-2354 A performance oriented packaging design type is tested and certified, and with a carton Comments: Scenario: closure method specified in the notification as follows: longitudinally along and spanning the flap seams, extending a minimum of 2.5" onto the "Tape XXXX, 48mm wide, poly PST, single strips top and bottom, centered both sides of the carton, with tape adhered firmly in place." Tape XXXX, is a specific stock number manufactured by a particular vendor to a consistent, acceptable specification. identical tape just slit to the wider specification. (Tape is manufacturered in wide This same tape is also available in 72mm widtł.. "logs" then slit to width.) lift points; would that package be "different" under the regulations and require re- an "H' pattern) to enhance flap retention or to keep handlers from using the flap edges as applied it consistent with the notification, to satisfy application equipment needs, or Q2: If the shipper needed to use the 72mm wide version of the tested 48mm tape and from the desire package be "different" under the regulations and require re-testing? a more robust package (perhaps for parcel shipment); would that Q3: Assuming the answer to Q1 is yes: If the shipper needed to use the 72mm wide version package be "different" under the regulations and require re-testing? the tested tape applied consistent with the application variations in fi; would that#