{"operation":"document","citation":"11-0050","title":"Pira International — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-09-28","effective_on":null,"summary":"11-0050 response to Pira International concerning 171.8, 178.602.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0050.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0050.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0050","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110050.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nSEP 2 8 2011\n1200 New Jersey Ave, SE\nWashington, DC 20590\nMr. M. David Brooks\nProject Engineer\nPira International\n6539 Westland Way, Suite 24\nLansing, MI 48917\nReference No. 11-0050\nDear Mr. Brooks:\nThis is in response to your February 23, 2011 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to package testing\nprescribed in § 178.602(c) of the HMR. Specifically, this section permits package samples\nsent for testing to have the hazardous material contained within the package replaced with a\nnon-hazardous material provided certain conditions are met. We have paraphrased your\nquestions and answered them in the order you provided.\nQl. If a company sends a solid article, such as an inert lithium cell battery, in a package\nfor non-bulk performance testing in conformance with Subpart M of Part 178 of the\nHMR, does it matter what material the company fills the battery cell with?\nAI. The answer is yes. Under the HMR, each packaging and package must be closed in\npreparation for testing and tests must be carried out in the same manner as if\nprepared for transportation, including inner packagings in the case of combination\npackagings (see § 178.602(a». Section 178.602(c) permits the hazardous material\nintended for the packaging to be replaced with a non-hazardous material for test\npurposes provided the material used is of the same or higher specific gravity as the\nhazardous material and it corresponds as closely as possible to the intended\nhazardous material's other physical properties (e.g., grain, size, viscosity) that might\ninfluence packaging test results. If these conditions are not met, the test results for\nthese packagings are invalid.\nQ2. If a company does not fill a solid article with a substance that is similar to the\nhazardous material it is designed to contain, e.g., the article is filled with sand\ninstead of a liquid, what is our liability as a third party certification agency if we are\nunaware of this difference when testing the package?\nA2. Under the HMR, the performance testing results are invalid for each packaging and\npackage intended for performance testing in conformance with Subpart M of Palt\n\n<<<PAGE 2>>>\n\n178 that is not filled and prepared in a manner that is the same as if it were prepared\nfor transportation in commerce. The person, as defined in § 171.8, that prepares and\nprovides these packagings and packages for testing must prepare them in\nconformance with the HMR, and are liable for their non-conformance. A third party\ncertification agency that is not aware a packaging or package it is testing does not\ncomply with § 178.602 is not liable for this error. However, it is the opinion of this\nOffice that the third party testing agency must make every effort to the extent\npossible to determine that the packagings and packages it receives for testing comply\nwith Subpart M of Part 178.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nPira International\n6539 Westland Way, Suite 24\nLansing, MI 48917\n517-322-2400\n02/23/2011\nTo: Hazardous Materials Information Center\nFrom: Dave Brooks\nPira International\n6539 Westland Way\nSuite 24\nLansing, MI 48917\nI work for a third party certification agency and I have a few questions in regards to\n178.602(c). Any clarification would be greatly appreciated.\nQ1. If a company sends in a package with a solid article, such as an inert lithium cell,\ndoes it matter what they fill that cell with?\nQ2. If the company does not fill that solid article with similar substance as actual\nproduct (uses sand instead of liquid) inside the article, what is our liability if we are\nunaware of the difference?\nSincerely,\nM. David Brooks\nProject Engineer\n(517) 322-2400\ndave. brooks@pira-international.com","truncated":false,"body_characters":3966}