{"operation":"document","citation":"10-0016","title":"Entegris, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-03-23","effective_on":null,"summary":"10-0016 response to Entegris, Inc. concerning 178.601.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0016.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0016.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0016","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100016.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Ave. SE\nWashington, D.C. 20590\nPipeline and Hazardous Materi'als\nSafety Administration\nMAR 23 2010\nMr. Kevin Bevis\nContainers Engineer\nEntegris, Inc.\n101 Peavey Road\nChaska, MN 55318\nRef. No. 10-0016\nDear Mr. Bevis:\nThis responds to your January 19,2010 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) as they apply to design qualification\npackaging tests. Specifically, you ask if you may use the same three test samples to perform all\nof the required tests in §§ 178.601, 178.603, and 178.603-178.607.\nAccording to your letter, you want to test a PF A inner, fiberglass+epoxy winding outer\ncomposite container (6HH 1) using the same three samples for all test types, due to the\nrobustness of the container and the cost ofthe parts. You ask if it is acceptable to use the same\nthree samples to perform these tests on this packaging.\nIn accordance with § 178.601 (k), several tests may be performed on a single sample with the\napproval of the Associate Administrator for Hazardous Materials Safety and provided the\nvalidity of the test results is not affected. You may apply for approval to perform several tests\non a single sample under the procedures specified in 49 CFR § 107.705.\nI hope this answers your inquiry. If you need additional assistance, contact this Office at\n202-366-8553.\nSincerely,\nt~~\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nl3Odfhe.\n(it) ~178. t.oO{\n~ 178 .7003 .. tao7\nEntegris ~ l73.;;.L/(f!.X!:)\nre.s-h 1'1 {.{ '0 . 00 Itt, ENTEGRIS, INC.\n101 Peavey Road\nChaska, MN 55318 USA\nTel. +1 952-556-3131\nFax +1 952-556-1880\nJanuary 19,2010\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT IPHMSA (PHH-I0)\n1200 New Jersey Avenue, SE East Building, 2nd floor\nWashington, DC 20590\nDear Mr. Mazzullo,\nAfter reading through PHMSA letters of interpretation, published on-Hne, for sections 178.601, and\n178.603 thru 607, we are writing to request clarification of the allowable number of test types which can\nbe performed on each sample, as defined in CFR 49, sections 178.601, and 178.603 thru 178-607.\nIt is clear that (with the exception of stainless and other high-cost nickel alloys) three tests (with three\ndifferent samples) must be performed for each test type (stacking, hydrostatic pressure, diagonal drop,\nother drop, etc). It is clearly stated within each test type detail (for example 178.603(b) and 178.604(b )(2),\netc. quoted below) that requests for exceptions should be directed to the Associate Administrator.\nIs there any prohibition in CFR 49, section 178, of using samples for more than one type of test (for\nexample, using the same three samples for the Leakproofness test and also for the Hydrostatic pressure\ntest and also for the Stacking test)? Is there any reason the three required samples for any test type can\nnot be used for all required test types? It seems this would be the most rigorous of all possible ways to\ntest a design type.\n178.601(a) \"Each packaging must be manufactured and assembled so as to be capable of successfully\npassing the prescribed tests and of conforming to the requirements of section 173.24 of this\nsubchapter at all times while in transportation\" 173.24 (c)( 1) requires conformance with section\n178.\nThis does not say each packaging must be able to pass one, or another, ofthe prescribed tests.\n178.601(f) \"The manufacturer shall conduct the ...tests...using...samples .. .in the number specified\nin the appropriate test section.\"\n178.601(k) \"Provided the validity of the test results is not affected, and with the approval of the\nAssociate Administrator, several tests may be performed on one sample.\"\nIfwe desire to do all six drop tests with one sample, we would need the approval ofthe Associate\nAdministrator.\n178.603 Drop test. First row of the chart, for plastic drums, under the heading \"No. of tests (samples)\"\nlists \"six - (three for each drop)\".\n(b) \"Exceptions to the number of...samples used in conducting the drop test are subject to\nthe approval of the Associate Administrator.\"\n\n<<<PAGE 3>>>\n\nMr. Edward T. Mazzullo\nPage Two\nJanuary 19, 2010\nPackaging ~ No. of\ntests\n(samples) Drop orientation of samples\nSteel drums, Aluminum\nSix-{three drums, Metal drums (other\nfor each than steel or aluminum), drop) Steel Jerricans, PI'yVI/ood drums, Wooden barrels, Fiber drums, Plastic drums and Jerricans, Composite packagings which are in the shape of a drum First drop (using three samples): The\npackage must strike the target\ndiagonally on the chime or, if the\npackaging has no chime, on a\ncircumferential seam or an edge\nSecond drop (using the other three\nsamples): The package must strike\nthe target on the weakest part not\ntested by the first drop, for example a\nclosure or, for some 7 cylindrical\ndrums, the welded longitudinal seam\nofthe drum body.\n178.604 Leakproofness test.\n(b) Number of packagings to be tested.\n(2) Design qualification and periodic testing. \"Three samples of each different packaging\nmust be tested and must pass the leakproofness test. Exceptions to the number of\nsamples used in conducting the leakproofness test are subject to the approval of the\nAssociate Administrator.\"\n178.605 Hydrostatic pressure test.\n(b) Number of test samples. ''Three test samples are required for each different packaging.\nExceptions for the number of...sample packagings used in conducting the hydrostatic\npressure test are subject to the approval of the Associate Administrator.\"\n178.606 Stacking test.\n(b) Number of test samples. \"Three test samples are required for each different packaging ...\nExceptions for the number of...sample packagings used in conducting the stacking test are\nsubject to the approval of the Associate Administrator.\"\nWe would like to test a PFA inner, fiberglass+epoxy winding outer composite container (6HHl) using the\nsame three samples for all test types, due to the robustness of the container and the cost of the parts, but\nfeel it prudent to request your interpretation of the code at this time.\nThank you for your assistance in this matter and for your service at the DOT, promoting our safety and\nwelfare.\nSincerely,\n(~ G:Kevin\nBevis\nContainers Engineer\n952-556-8663 kevin_be vis @entegris.com","truncated":false,"body_characters":6309}