gh Package and Product Testing and Consulting Inc. — Hazardous Materials Safety Interpretation

Page 1NOV 1 9 2007 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Mr. H. Perry Hock President and Technical Director gh Package and Product Testing and Consulting Inc. 4090 Thunderbird Lane Fairfield, OH 450 14 1200 New Jersey Ave., S.E. Washington. DC 20590 Ref. No.: 07-0 153 Dear Mr. Hock: This responds to your August 7,2007 letter requesting clarification of the Hazardous Materials Regulations (HMR, 49 CFR Parts 17 1 - 1 80) requirements applicable to packaging test samples. Specifically, you ask about the requirements for using a non-hazardous material in place of a hazardous material when testing sample packagings. Section 178.602(c) authorizes the use of non-hazardous materials in sample packagings that will be tested in accordance with Subpart M of Part 178 of the HMR. The non-hazardous material must have similar physical characteristics, including the same or higher specific gravity, to the hazardous material for which the packaging will be used. Requirements for conducting the drop test are specified in 5 178.603. Paragraph (c) of this section addresses preparation for the drop test of certain types of plastic packagings. In accordance with this paragraph, packagings must be tested when the temperature of the sample packaging and its contents has been reduced to - 18' C or lower. Test liquids must be kept in the liquid state. If necessary to ensure that the test liquid remains in a liquid state, anti-freeze may be added to the test liquid. In this situation, waterlanti-freeze solutions with a minimum specific gravity of 0.95 for testing at - 18' C or lower are acceptable test liquids. Note that the specific gravity specified in !j 178.603(c) applies only when the use of a waterlanti-freeze solution is necessary to ensure that the test liquid remains in a liquid state. If the use of a waterlanti-freeze solution is not necessary to ensure that the material remains in a liquid state, the requirements specified in !j 178.602(c) applicable to the use of non- hazardous materials for testing sample packagings apply. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 203 gh Package Is0 l7025 4090 Thunderbird Lane Phone (513) 870-0080 & Product accredited Fairfield. OH 45014 Fax (513) 870-0017 - --- ------ Testing and 335 W Melinda Lane Phone (623) 869-8008 Consulting, Inc. Phoenix AZ 85027 Fax (623) 869-8003 To: Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOTIRSPA (DHM- 10) 1200 New Jersey Ave. S.W. Washington, DC 20590-0001 %I?s.~oz(c) 4 ( 7 f - (.103&) From: Mr. H. Perry Hock President and Technical Director gh Package & Product Testing and Company 4090 Thunderbird Lane Fairfield, OH 450 14 Subject: Special preparations of test samples - 178.602 (c), 178.603 (c) Dear Mr. Mazzullo, Is it permissible to use a liquid that has a lower specific gravity than 0.95 for combination packagings that contain plastic inners, provided that the gross mass of the test pack exceeds the marked gross mass of the packaging? In section 178.602 (c), if the hazardous material is replaced with non-hazardous material, the non hazardous material must be the same or higher specific gravity. In 178.603 (c) -there is a .stated minimum for non-hazardous materials to have a 0.95 specific gravity, yet it is still possible to have non-hazardous liquids with a lower specific gravity than 0.95 and still a higher specific gravity than the hazardous material to which they are replacing. In paragraph 178.603 (e), it recognizes liquids that are non hazardous and essentially having the same physical characteristics as the liquid to which they are replacing. Example: combination pack containing 4 F-style cans Acetone - specific gravity of 0.78 Non-hazardous solution - specific gravity of 0.88 Tested with Acetone: 14.5 kg (14.580 kg) Gross mass: 4.088 liters x 4 x 1 kg per liter x 98% x 0.78 SG + 2.08 1 kg Tested with 0.88 specific gravity solution: 16.1 kg (16.182 kg) Gross mass: 4.088 liters x 4 x 1 kg per liter x 98% x 0.88 SG + 2.08 1 kg Tested with water: 18.1 kg (1 8.105 kg) Gross mass: 4.088 liters x 4 x I kg per liter x 98% x 1.0 SG + 2.08 1 kg#

Page 3Tested with 0.95 specific gravity solution: 17.3 kg (1 7.304 kg) Gross mass: 4.088 liters x 4 x 1 kg per liter x 98% x 0.95 SG + 2.08 1 kg It would appear that the 2004 update (published in the 2005 regulations) to 178.603, in my opinion, should have only been applicable to utilizing the provision in 178.603 (e)(2)(ii). If you have any further questions, please do not hesitate to call me at 5 1 3.870.0080 x 1 03. I look forward to your prompt response. Yours Truly, H. Perry Hock President and Technical Director gh Package & Product Testing and Consulting, Inc.#