{"operation":"document","citation":"06-0270","title":"Entegris, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-04-11","effective_on":null,"summary":"06-0270 response to Entegris, Inc. concerning 178.601, 178.801.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0270.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0270.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0270","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060270.pdf","body":"<<<PAGE 1>>>\n\nf Transportatior\n.S. Departmen\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nAPR 11 2007\nMr. Kevin Bevis\nContainers Engineer\nRef. No. 06-0270\n3500 Lyman Boulevard\nEntegris, Inc.\nChaska, Minnesota 55318\nDear Mr. Bevis:\nThis responds to your letter requesting clarification of\nthe non-bulk and IBC packaging design and testing criteria\nunder the Hazardous Materials Regulations (HMR; 49 CFR\nanswered as follows:\nParts 171-180).\nYour questions are paraphrased and\nQ1.\nWe successfully tested three different non-bulk single\nspecified in § 178.601 (c) (1).\npackaging designs under the design qualification criteria\nUnder selective testing\nVariation 5, in § 178.601(g) (5), if a replacement closure\n5 testing on one of the three designs presenting the most\ndevice or gasket successfully passes the required Variation\nsevere test conditions on the original design, is it\nsecond and third design?\npermissible to use a replacement closure or gasket on the\nAl. The answer is yes.\nWould the answer be the same if the second and third\nauthorized in § 178.601(g) (3) (Variation 3)?\ndesigns were qualified under the selective testing\nA2. The answer is yes.\nUnder the design qualification testing for IBCs in\n§ 178.801 (d), is it permissible to consider IBCs with\nidentical bodies\nthe same design type?\nand with similar service equipment to be\n178.601 (g) 3)\n178.801\n060270\n\n<<<PAGE 2>>>\n\nA3.\nto other parts of the IBC (e.g., pallet base, cage\nThe answer is yes, provided there are no changes made\nsupport) .\nI trust this satisfies your inquiry. Please contact us if\nwe can\nbe of further assistance.\nSincerely,\nHole 20h11\nHattie L. Mitchell\nOffice of Hazardous Materials Standards\nChief, Regulatory Review and Reinvention\n\n<<<PAGE 3>>>\n\nStevens\n$178.601(9X6)\nEntegris\n§178:801\nHEADQUARTERS\nCORPORATE\nTesting\nEntegris, inc.\n06-0270\nChaska. Minnesota 56318 USA\n3500 Lyman Boulevardi\nFax 952-555-1890\nTel. 952-558-3131\nNovember 17, 2006\nDirector, Office of Hazardous Materials Standards\nMr. Edward T. Mazzullo\n400 7th Street SW\nU.S. DOT/PHMSA (PHH-10)\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo,\nI am writing to request clarification of two paragraphs in CFR 49 Part 178. After reading the Letters of\nInterpretation relating to my questions, available on your website, I spoke at length via telephone with Rob at your\ninterpretations, and encouraged this written request for clarification.\nHazardous Materials Information center. His interpretations of the paragraphs in question appeared to agree with my\nits use in certified non-bulk and bulk specification packagings produced by Entegris. Fluids are dispensed through\nMy questions concern service equipment, specifically a drum insert with related closures, and the testing required for\nthis drum insert by the end-user. We have qualified this service equipment as part of two non-bulk specification\npackagings. (Please find enclosed reference drawing.)\npackagings, and I am seeking clarification of the qualification testing required for use in various other specification\nto close and seal the drum insert for shipment or storage, two different plastic resins (polypropylene and PFA), and\nThis drum insert product includes several possible configurations: three caps (vented, non-vented, and manual relief)\nmany different O ring combinations. Every configuration to be offered for sale was qualified under Variation 5 on\nrequalify, as a new design type, each IBC with every combination of drum insert/closure/O ring.\nthe two specification packages mentioned above. My intent with Ql below, is to determine if Entegris needs to\n178.700(c)(2) defines \"service equipment\" as including \"filling and discharge... devices..\"\n178.801(c)(7)(iv) defines a \"different IBC design type\" as not including \"a packaging which differs in service\n178.801(c)(1) identifies \"representative service equipment\" as a feature of any \"IBC design type\".\nequipment\".\nservice equipment to be the same \"design type\" ?\nQ1. For the purposes of 178.801(d) Design qualification testing, may I consider identical IBC bodies with similar\nsecond sentence following paragraph 178.601(g)(5)(ii) \"Replacement closures and gasketings qualified under the\nMy purpose with question 2, below, is to better understand the intent of 178.601(g)(5) \"Variation 5\". I find the\nabove test requirements also are authorized without additional testing for different tested design types packagings of\nthe same type as the originally tested packaging, provided the original design type tests are... \" to be unclear.\nWhen considering three different packagings (all tested, qualified, different design types, single packagings under\nQ2. Does the following example conform to the intent of 178.601(g)(5)?\npresenting the most severe test conditions of these three, the other two packagings may use closure device \"A\" or\nCFR 49), if closure device \"A\" or gasket \"B\" successfully passes the required variation 5 testing in the packaging\ngasket \"B\" without further testing, provided an equivalent level of performance is maintained.\nfritegris\n\n<<<PAGE 4>>>\n\nPlease contact me if you would find more detailed information to be helpful, or I may be of any assistance.\nThank you for help in this matter, and for your service, working to advance the safety and welfare of our country.\nSincerely,\nKevin Bevis\nCell 612-819-6562\nContainers Engineer\nOffice 952-556-8663\nkevin_bevis@entegris.com","truncated":false,"body_characters":5436}