{"operation":"document","citation":"07-0018","title":"Saf-T-Pak — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-03-09","effective_on":null,"summary":"07-0018 response to Saf-T-Pak concerning 173.199, 178.609.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0018","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070018.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nMAR\n9 2007\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nGail Ryckis-Kite\nReference No. 07-0018\nDevelopment and Quality Manager\nSaf-T-Pak\n17854 - 106A Avenue\nEdmonton, AB\nCanada T5S 1V3\nDear Ms. Ryckis-Kite:\nThis is in response to your January 24 and 25, 2007 e-mails to this agency concerning a final\nrule we issued under Docket No. PHMSA-2004-16895 (HM-226A) (6/2/06, 71 FR 32244) to\nrevise the requirements for transporting Division 6.2 (infectious substance) materials under\nrequirements. You note that on page 32247, Column 1, paragraph 1, of the final rule we state\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with international\na Category B infectious substance packaging must be capable of passing a drop test, but not a\nto be capable of passing at a height of 1.2 meters (3.9 feet) the drop and steel rod impact tests\npuncture or other performance test; however, under § 173.199(a)(4) we require this packaging\nprescribed in §178.609(d) and (h), respectively. You ask if the regulatory text requiring the\nsteel rod impact test for this packaging is an error.\nThe answer is yes. A packaging used to transport a Category B infectious substance must be\ncapable of passing the drop test prescribed in § 178.609(d). The packaging is not required to\nin a future rulemaking.\nalso be capable of passing the steel rod impact test in § 178.609(h). We will correct this error\nI hope this information is helpful.\nSincerely,\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n173. (a)4)\n070018\n178.409 (h)\n\n<<<PAGE 2>>>\n\nEdmonson\n$173.199\n3178.609 (h)\nFrom: Gail Ryckis-Kite [mailto:GailRyckisKite@saf-t-pak.com]\nInfections. Subtances\nTo: Edmonson, Eileen <PHMSA>\nSent: Thursday, January 25, 2007 5:24 PM\nPackaging 07-0018\nSubject: RE: Questions/Concerns regarding CFR173.199 Category B Packaging Requirements\nHi Elleen\nforward to seeing the correction. In the interim, our company still has a probiem that\nThank you vary much for your reply. We can appreciate how this may happen and look\nmaybe you can help me with, or direct me to ancther authority.\nThis test came to our attention by the US DOT Office of Hazardous Materials Enforcement.\ncommercially (Report Number 05435035 Supplemental). We would like to provide that\nThis specific test was requested to be performed on a small shippor that we privide\noffice with an appropriate response that invalidates the requirement of this specific test.\nto comply to ail regulations. in reaching compliance we have had to inform our customers\nin addition, as a supplier of compliance training and packaging material, we do our utmost\nof the regulatory text and the changes required to meet the standard. We wou d ask that\nwe may provide both to the DOT testing authority and our customers showing that this\nthe US Dopartment of Transportation provide us with some sort of formal response that\n178.600(h).\nwas indeed inadvertently text and compliance is not required to the steel rod impact test in\nThank you again for your assistance in this matter.\nGail Ryckis-Kite\nGaiRyckisKite@sattpak.com\nDevelopment and Quality Manager\nwww.sai-t-pak.com\n1-800-814-7484\nThis communication (including any attachments) is intended only for use by the addressee(s) named herein and may contain\nalacements) is strictly prohible. If you have receivedy his communication in ror, please nily us immediately by ermain nor\nlegally privileged or confidential information. If the reader of the message is not the intended recipient or an authorized\npermanently delete the communication and any attachments from your system\nFrom: Gail Ryckis-Kite [mailto:GailRyckisKite@saf-t-pak.com]\nSent: Wednesday, January 24, 2007 5:49 PM\nTo: Edmonson, Eileen <PHMSA>\nSubject: Questions/Concerns regarding CFR173.199 Category B Packaging Requirements\nDear Ms. Edmonson,\nI am the Development and Quality Manager at Saf-T-Pak in Edmonton Alberta Canada. This\nregarding a change in the package testing requirements for Category B infectious substances\ncompany is a certified packaging and compliance training supplier and I have some questions\n(49CFR173.199). In particular, the addition of a puncture test specified in 49CFR178.609(h).\nUpon review of the Federal Register Vol. 71 No. 106 Friday June 2, 2006 | understand that the\nPHMSA proposed to harmonize with other requirements applicable to the transportation of\nDivision 6.2 materials and adopt packaging requirements for Category A and Category B\n\n<<<PAGE 3>>>\n\nInstructions.\ninfectious substances consistent with those in the UN Recommendations and ICAO Technical\ncapable of passing a drop test, but need not be capable of passing a puncture or other\nIn the preamble to the Section by Section review it reads that Category B packagings must be\nerformance test (p. 32247), However, the amended 49CFR173.199 section specifically state:\nRecommendations and ICAO Technical Instructions do not place this requirement onto the\nhat a puncture test (referenced only as 178.609(h)) must be successfully passed. Both the Ur\nCategory B infectious substances packaging.\ndiscuss any recommendations and insight you might provide to us regarding international\nshipments in and out of the USA\nThis material may demand a bit of your time for review thus I submitted this email first. Unless\note report 1202-36 or or you prefer may be c acted bye ma or he number sted one\nbelow - at your convenience.\nI look forward to discussing this material with you and receiving a bit more clarification.\nKindest Regards,\nGail Ryckis-Kite\nGailRyckisKiteKosaftpak.com\nDevelopment and Quality Manager\nwww.sai-t-pak.com\n1-800-814-7484\ngally privileged or confidential information. If the reader of the message is not the intended recipient or an authc rize\nis communication (including any attachments) is intended only for use by the addressee(s) named herein and inay conta\nalasment is the ride. yout you are evely no ren that at disemir, please intry or eaten year nar\npermanently delete the communication and any attachments from your system","truncated":false,"body_characters":6148}