Reckitt Benckiser, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE Materials Safety Pipeline and Hazardous Administration OCT 17 2007 Transportation Regulatory Mr. Richard Hessen Reference No. 07-0162 Reckitt Benckiser, Inc. 399 Interpace Parkway Parsippany, NJ 07054-0223 Dear Mr. Hessen: This is in response to your August 7, 2007 letter concerning shrink-wrapped and stretch- wrapped trays as their use is authorized under § 173.25(b) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask several questions about how these packagings are defined and constructed under the HMR. Your questions are paraphrased and answered below. Q1. Do the HMR define what shrink-wrapped and stretch-wrapped tray packagings are, what they are composed of, and how they are to be constructed as these terms are used under § 173.25(b)? Al. The HMR do not define "shrink-wrapped tray" or "stretch-wrapped tray" packaging. However, we interpret these terms individually to mean: • Shrink wrap - a plastic film wrapped around hazardous material packages or packagings that shrinks when heat is applied to form a tight protective fit • Stretch wrap - an elastic plastic film wrapped around hazardous material around the items it covers. packages or packagings that uses its properties of elastic recovery to keep the items it covers tightly bound. • Tray - a shallow flat receptacle with a raised edge or rim used to carry, hold, or display articles. "overpacks" for consolidating inner packagings of limited quantity or consumer Under the HMR, shrink-wrapped and stretch-wrapped trays are considered an overday hasandus are use Sees i173ect)i gore pride not convenience in package handling, or to consolidate two or more packages. An Under the HMR, inner packagings of shrink-wrapped and stretch-wrapped trays may 173.25 070162 171.8#

Page 2shrink-wrapped or stretch-wrapped package may not exceed 20 kg (44 pounds). Sec not be fragile, liable to break, or easily punctured. The gross weight of a complete packagings are to be constructed and what materials may be used for their Q2. Must a shrink-wrap or stretch-wrap tray have a bottom and four upright sides made of corrugated fiberboard? A2. The answer is no. A shrink-wrap or stretch-wrap tray may be composed of any material that is compatible with the lading provided the packaging contains a tray, as defined in Answer A1, and meets all other applicable requirements prescribed for the Q3. May a shrink-wrap or stretch-wrap tray be composed of inner packagings placed on a flat sheet of corrugated fiberboard with no sides and the entire package shrink or stretch wrapped on all sides? A3. No. Because a flat sheet of corrugated fiberboard does not have a raised edge or rim answer Al to contain the inner packagings, it does not meet the definition of a tray stated in Q4. Can a shrink-wrap or stretch-wrap tray be composed only of inner packagings that are wrapped together with heavy-gauge strong plastic wrap? A4. No. These packagings do not contain a tray. I hope this satisfies your request. Sincerely Thats No Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 2#

Page 3Edmonson RECKITT §113.25 BENCKISERR Packagings 811/01 NORTH AMERICA 07-0 Director, Office of Hazardous Materials Standards Mr. Edward T. Mazzullo U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Dear Mr. Mazzullo: I have questions regarding § 173.25 (b) - shrink or stretched wrapped trays. suppose to be made of, its construction characteristics and with what materials. In the context of § 173.25 (b) is there any definition of what this tray is, what it is a. Must it be, e.g. corrugated having a bottom and four upright sides? b. Can it be, e.g. just the inner packages placed on a flat sheet of corrugate all shrink/stretch wrapped? c. Could it be just the inner packages shrink/stretched wrapped with sufficiently heavy/strong gauge of shrink/stretch wrap. In a-c above, I do understand that it would also have to be in conformance with the requisites of 173.25 (b) (1), & (2). Thank you for your response. Sincerely, Richard Hessen Transportation Regulatory Reckitt Benckiser Inc. 399 Interpace Parkway PH: 973-404-2409 Parsippany, NJ 07054-0225 Email: richard.hessen@reckittbenckiser.com Morris Corporate Center IV, 399 Interpace Parkway, P.O. Box 225, Parsippany, NJ 07054-0225 RECKITT BENCKISER INC Tel. (973)-40#