{"operation":"document","citation":"12-0250","title":"Southeast Testing & Engineering — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-02-08","effective_on":null,"summary":"12-0250 response to Southeast Testing & Engineering concerning 178.601, 178.602.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0250.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0250.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0250","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/120250.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nFEB 0 8 2013\nMr. Charles Radev\nSoutheast Testing & Engineering\n1325 Capital Circle, Suite D\nLawrenceville·, GA 30043\nRef. No. 12-0250\nDear Mr. Radev:\nThis responds to your November 5, 20 12 email requesting clarification of the testing\nrequirements for a combination packaging containing fireworks (UN0336) authorized by\nspecial permit DOT -SP 15615 and transported in accordance with conditions of this\nspecial permit and the requirements of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 1 71-180). In your email, in addition to single firework items placed in the\nauthorized 4G box, you describe the following consolidations of fireworks that will be\nshipped in the 4G box: 1) a product tray (from 1-5 kgs) containing 12-24 small fireworks;\n2) a display tray (up to 20 kgs) containing up to 24 large fireworks; 3) a folding carton\n(from 10 g to 1 kg) containing multiples of one type of small firework; and 4) a clear\nplastic bag 1 mil thick (from 10 g to 1 kg) containing up to 12 small fireworks. The\nvariation in these consolidations and in the potential number of combinations of fireworks\nof different shapes and sizes (e.g., cones, cubes, cylinders, etc.) may call for multiple tests\nto be conducted on completed packages. As permitted in§ 178.602(c) for preparation of\npackages for testing, you intend to substitute the fireworks with bags (packed with\nsawdust) of two different sizes to replicate both large and small fireworks. Your questions\nare paraphrased and answered as follows:\nQ 1. For purposes of packing fireworks in this combination packaging, what is\nconsidered the i1mer packaging? Is it the actual firework article or is it the means of\ncontainment for the fireworks (e.g., a bag, carton or tray)?\nA I. The bag, carton or tray is considered the inner packaging. According to the\noperational controls ofDOT-SP 15615 (see 7(b)), the fireworks must be in inner\npackagings suitable for retail sale (e.g., plastic wrapped boxes or plastic bags).\nFurthermore, under Packing Instruction 135, UN0336 fireworks must be packaged in\ninner packagings (i.e., bags, receptacles, or sheets) with no intermediate packaging\nnecessary and placed in an outer packaging (e.g., a UN4G fiberboard box). The\ncompleted package must be tested as a combination packaging (see the § 173 .62(b)\nExplosives Table and the§ 173.62(c) Table of Packing Methods). Thus the bag,\ncarton, or tray you describe is considered the inner packaging under your packaging\n----- ------ -\n-~\n---\n-~-~---------~--\n\n<<<PAGE 2>>>\n\nscenarios. Note that single firework items must also be contained in some manner of\ninner packaging.\nQ2. Does§ 178.60l(g)(6) provide authorization to use the sawdust-filled bags\nenclosed in the largest size bag, carton, or tray?\nA2. No. Section 178.60l(g)(6) is not applicable to your packaging scenarios. It\nauthorizes the application of selective testing Variations 1, 2, and 4 to packagings\ncontaining articles where the provisions for inner packagings are applied analogously\nto the articles. Although your packaging will contain fireworks, which are defined as\narticles under section§ 173.59 (see fireworks), the firework itself is not the inner\npackaging. As directed in our response in Al, the bag, carton or tray you described is\nconsidered the inner packaging.\nFor purposes of your testing,§ 178.602(c) authorizes the (hazardous) material (i.e., the\nfireworks) to be replaced for test purposes with a non-hazardous material (i.e., the\nsawdust-filled bags). You may then combine this with the selective relief from testing\nof combination packagings offered under§ 178.60l(g). For example, under Variation\n1 (§ 178.60 l(g)(l )), variations are permitted in inner packagings of a tested\ncombination package, without further testing of the package, provided an equivalent\nlevel of performance is maintained. One such variation is that inner packagings of\nequivalent or smaller size may be used without further testing of the package provided\nconditions of§ 178.601(g)(l)(A) through (F) are met.\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nr~a~\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject: INFOCNTR (PHMSA)\nl z- oz 5d\nMonday, November 05, 2012 3:51 PM\nDrakeford, Carolyn (PHMSA)\nFW: Request for Interpretation on 178.601 (g) (6) from Southeast Testing & Engineering\nHi Carolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Charles Radev [mailto:chradev@setelab.com]\nSent:: Monday, November 05, 2012 12:54 PM\nTo: INFOCNTR (PHMSA)\nSubject: Request for Interpretation on 178.601 (g) (6) from Southeast Testing & Engineering\nDear Info Center Specialist,\nWe have been asked to test and certify fireworks for large customer. They have been granted a Special Permit\nthat allows them to test packages as heavy as 250 kg as a 4G package.\nThe issue at hand comes from the need to ship and repackage and test five or more pallet loads of actual product\nfor the purpose of testing on each outer container.\nAnother issue lies in the fact that customer will be shipping a different combination of inner packages, all\ncontained in four basic types of intermediate packaging -\n1. 1. Product trays (from under 1 kg, 13\" x 6\" x 1\" to over 5 kg, 38\" x 14\" x 3\") these combine a dozen or two\nof smaller firework articles\n2. Display Trays (up to 72\" x 28\" x 8\" and up to 20 kg) these combine up to two dozens oflarger firework\narticles\n3. 4. Folding cartons (from 10 grams to 1 kg) - these contain multiples of one kind of smaller firework articles\nBags of product (loose clear plastic bags, 1 mil thick with or without display cards stapled to them, from 10\ngrams to 1 kg of contents) - these combine up to one dozen smaller firework articles\nSingle firework items (small or large, from 20 grams to 2 kg)\n5. 1\n\n<<<PAGE 4>>>\n\nAll of these contain several geometric shapes of individual firework articles, which can be listed as cylinders,\ncones, cubes, hexagons, pentagons, bottle shaped and rounded extrusions of some shape. All of these contain the\nsame firework material with ignition fuses.\nIn following the direction of 178.602 (c) and namely, \"matching the specific gravity and grain/particle size\" we\nhave identified that the most appropriate substitute for these articles is sawdust, which can be easily packed in PE\nbags of two different sizes to resemble larger and smaller firework items.\nWe would like to ask for an interpretation ofthe following:\nA) In the case of fireworks, what is considered an \"inner packaging\"? The actual firework article, which has an\nignition fuse and is not meant to be opened nor taken apart but only ignited, or the carton/bag/tray which contains\na group of these articles?\nand\nB) 178.601 (g) (6) \"The provisions in Variations 1, 2, and 4 in paragraphs (g)(l), (2) and (4) ofthis section for\ncombination packagings may be applied to packagings containing articles, where the provisions for inner\npackagings are applied analogously to the articles. In this case, inner packagings need not comply with\n§ 173.27(c)(l) and (c)(2) ofthis subchapter.\" and namely,\nif that allows us to use these substitute bags filled with sawdust and enclosed in the largest size\n• product tray,\n• display tray,\n• folding carton,\n• bag of product,\nFor the purpose of our testing, a sufficient quantity of these would be placed in the carton/ display tray/ bag\nand then in the outer container to be tested in a way to match the maximum weight of the corresponding ruticles\nin the actual shipped outer package.\nVery Respectfully,\n2\n\n<<<PAGE 5>>>\n\nCharles Radev, President, CEO\nSoutheast Testing & Engineering\nCellphone: (678) 886.4864 Landline: (678) 377.1234\n1325 Capital Cir. Suite \"D\" Lawrenceville, GA 30043\n3","truncated":false,"body_characters":8002}