Inmark, Inc. — Hazardous Materials Safety Interpretation

Page 1or resortion Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and FEB 23 2007 Administration Mr. Junius "Jay" Johnson Ref. No. 06-0269 Inmark, Inc. Regulatory Compliance Manager 675 Hartman Rd. Austell, GA 30168 Dear Mr. Johnson: This is in response to your electronic transmission requesting clarification of the exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of small quantities (§ 173.4) and biological substances, Category B (§ 173.199). Specifically, you ask whether the HMR provide exceptions, similar to the variations in § 178.601(g), from testing every package configuration when in accordance with § 173.4 or § 173.199. performing drop tests involving glass inner packages containing materials to be packaged The answer is yes. The exception in § 173.4 for small quantities requires the completed package, as demonstrated by prototype testing, to be capable of sustaining the drop test and compressive load test in § 173.4(a)(6). A non-bulk packaging that differs in only minor respects from a successfully tested prototype may be used without further testing provided the differences would not affect the capability of the package to sustain the drop and compressive load tests specified for small quantity packagings. The selective testing used as examples of the types of packaging variations that would not require additional variations in § 178.601(g), although not applicable to non-specification packages, may be prototype testing under § 173.4. Packagings intended for the transportation of Category B infectious substances must be Capable of suce be demonsane he drop nests in paragrapod, inciding an a 23500, previous handling and transportation experience, or design specification. Thus, you need not test packagings that differ in only minor respects from a tested packaging if you can 173.4 173.199 060269 178.601#

Page 2required drop tests. demonstrate that the new packaging configuration is capable of successfully passing the contact this office. I hope this information is helpful. If you have further questions, please do not hesitate to Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Page 1 of 1 M03 tyre §173.199 Drakeford, Carolyn <PHMSA> §178.601 From: Gorsky, Susan <PHMSA> Sent: Monday, November 27, 2006 12:08 PM Testing To: Drakeford, Carolyn <PHMSA> 06-0269 Subject: FW: Packaging question Could you make this an interpretation please? Thanks. Sent: Monday, November 27, 2006 11:42 AM From: Jay Johnson [mailto:jayj@inmarkinc.com] Subject: RE: Packaging question To: Gorsky, Susan <PHMSA> I have question that I hope you will be able to shed some light on. Dear Susan Gorsky, We have a customer that has asked us to design and test a packaging system to be used in the laboratory for shipping small volumes of hazardous chemical samples under 173.4 and biological substances, category B under 173.199. Is there a link similar to Variation Testing that allows me to do drop tests using fragile glass that would then give me flexibility in the primaries without having to test every configuration? Best regards, Thanks for all your help. Jay Junius "Jay" Johnson Regulatory Compliance Manager Inmark Inc. 675 Hartman Rd • Austell, GA 30168 main: 770.373.3300 ext.113 /fax: 770.373.3301 jayj@inmarkinc.com www.inmarkinc.com 11/27/2006#