{"operation":"document","citation":"13-0017","title":"Inmark Packaging — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-04-05","effective_on":null,"summary":"13-0017 response to Inmark Packaging concerning 178.601.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0017.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0017.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0017","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130017.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\ni200 New Jersey Avenue, SE\nWashington, D.C. 20590\nAPR 0 5 1013\nMr. Jay Johnson\nRegulatory Compliance\nInmark Packaging\n675 Hartman Road, Suite 100\nAustell, GA 30168\nRef. No.: 13-0017\nDear Mr. Johnson:\nThis is in response to your January 18, 2013 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) concerning the testing of specification\npackagings. Specifically you seek confirmation of your understanding that variation 2 found in\n§ 178.601(g)(2) permits the testing of a package with a single large inner packaging and\nsubstitution of multiple smaller inner packagings without retesting.\nYour understanding is correct. Variation 2 permits articles or inner packagings of any type for\nsolids or liquids to be assembled and transported without testing in an outer packaging provided\nall of the conditions of§ 178.601(g)(2) are met. In the case you describe, if a single large fragile\ninner packaging containing liquids is placed into the outer package and subjected to the required\ndrop test then multiple smaller inner paekagings may be substituted for the single large inner\npackaging without retesting. This is only permitted if the total combined gross mass of the\nsmaller inner packagings does not exceed one-half the gross mass of the large inner packaging\nused for the original drop test and the thickness of the cushioning material is maintained. Note,\nthe inner and outer packagings must me:et also the remaining requirements in§ 178.601(g)(2) as\nappropriate.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\n01 ..\nDelmerBil~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nCc:\nSubject:\nSupko, Ben (PHMSA)\nFriday, January 18, 2013 12:07 PM\nDrakeford, Carolyn (PHMSA)\nBoothe, Deborah (PHMSA); Benedict, Robert (PHMSA)\nFW: Question on a 4GV Interpretation\ntesfln9\n18, O()-f1\nCarolyn,\nGood afternoon. Please log this a request for interpretation and assign to Kevin Leary.\nThank you,\nBen\nFrom: Jay Johnson [mailto:jayj@inmarkinc.com]\nSent: Friday, January 18, 2013 11:32 AM\nTo: Supko, Ben (PHMSA); Boothe, Deborah (PHMSA)\nCc: Benedict, Robert (PHMSA)\nSubject: RE: Question on a 4GV Interpretation\nDear Deborah,\nI just received your fax regarding interpretation Ref. No. 11-0282R and I appreciate the correction and look forward to\nyour clarification letter to my additional questions.\nThere has been a lot of discussion on how to use 4GV packaging to meet the new demand for UN specification packaging\nwhen shipping lithium batteries. The way the US regulations \"appear to be written\" you can take the largest single inner\npackaging and substitute it for lots of smaller inner packagings as long as the thickness of cushioning is maintained and\nthe total combined gross mass of inner packagings does not exceed one-half the gross mass of the inner packagings used\nfor the drop test.\nThe thickness of cushioning material between inner packagings and between inner packagings and the\noutside of the packaging may not be reduced below the corresponding thickness in the originally tested\npackaging; and when a single inner packaging was used in the original test, the thickness of cushioning\nbetween inner packagings may not be less than the thickness of cushioning between the outside of the\npackaging and the inner packaging in the original test.\nThe UK government has a different approach to 4GV packaging. They do not allow testing with lead shot to increase\nmass, so 4GV packag«~S are tested with only dense liquids. They do allow the substitution of one large primary for a\npackaging system tested with multiple fragile small inner packagings. So a package tested with eight llitter bottles could\nbe used to ship a single 4 liter bottle if everything else was correct.\nBest regards,\nJay\n1\n\n<<<PAGE 3>>>\n\nJay Johnson, DGSA 1 Regulatory Compliance\no +1 770.373.3300 1 d +1 770.373.3356 1 m +1 770.377.0205 1 f +1 770.373.33571 e jayj@lnmarkPackaging.com\nFollow us at:\nOur new website has launched! !mn~rkPack~orn offers a robust set of tools and information to elevate yo,ur\nexperience with us.\nConfidentiality Notice:\nThis communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510,\nand its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain\nconfidential information. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached\nto this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at +1-770-373-3300 and destroy the original\ntransmission and its attachments without reading or saving in any manner.\nFrom: ~n.Sup.Js.Q_@g_qt_,goy [m~j!to:~~O,SYQKQ@j:Jgt.qg_y]\nSent: Wednesday, December 05, 2012 8:14AM\nTo: Jay Johnson\nCc: ggoorC!h~ bo_qth§_@OQt,ggy; mb~rt.b~Jt~s:fi.Q:@gQt,ggy\nSubject: RE: Question on a 4GV Interpretation\nGood morning Jay,\nThe problem/reason for responding in the manner that we did was that the drop test in the requester's question was\nconducted with a single 16 ounce bottle. Based on the language in §178.601(g)(2)(ii) the combined gross mass of the\ninner packagings may not exceed one half of the gross mass of the inner packaging used for the drop test. So, given that\nthe requester asked to use inners that amounted to the full16 ounce volume that was tested;§ 178.601(g)(2) was not\napplicable to the particular question asked. Also, based on telephone conversations with the requester we felt that the\nquestion was really intended to address the provisions in§ 178.601(g)(1).\nHowever, you are correct that we should have made it clear why§ 178.601(g)(2) was not authorized for the question\nposed and why we chose to address the question based on§ 178.601(g)(1) rather than§ 178.601(g)(2). I certainly see\nwhy that resulted in confusion.\nTo address the specific scenarios you raise we felt that it was important log your request as an interpretation and add\nclarifying language to letter 11-0282.\nPlease let me know if you disagree with this approach.\nThanks again,\nBen\nFrom: Jay Johnson [m91!toj9J1@i!lmgrJ~iD~.~om]\nSent: Wednesday, December 05, 2012 4:46 AM\nTo: Supko, Ben (PHMSA)\nCc: Boothe, Deborah (PHMSA); Kelley, Shane (PHMSA)\nSubject: RE: Question on a 4GV Interpretation\nGood Morning Ben,\n2\n\n<<<PAGE 4>>>\n\nI appreciate you and your staff getting back to me so quickly on my question of an interpretation. I am\ncurrently out of the country at meeting of the UN Sub-Committee of Experts on the Transportation of\nDangerous Goods in Geneva. Deborah Boothe of your office left me a message yesterday indicating the\ninterpretation in question was specific to a requestor and the requestor of this interpretation was happy with\nthe current answers. I do not think that addresses the incorrect reference in Q3 of the interpretation.\nIn the interpretation you answered Q3 about 4GV packaging with an answer referencing Variation 1 in §\n178.601(g)(l)(i) but answers to questions on 4GV packaging should be referencing Variation 2 in§\n178.601(g)(2). If the correct Variation had been referenced the answer should be change to:\n11A3. Your understanding is incorrect, The package variations specified in§ 178.601(g)(2) do permit increases in\nthe quantity of the inner packagings as long as they are not greater than the volume tested in the original\npackaging(s).\"\nI reference this line from Variation 2 that supports this answer ...\nThe thickness of cushioning material between inner packagings and between inner packagings and the\noutside of the packaging may not be reduced below the corresponding thickness in the originally tested\npackaging; and when a single inner packaging was used in the original test, the thickness of cushioning\nbetween inner packagings may not be less than the thickness of cushioning between the outside of the\npackaging and the inner packaging in the original test.\nI would appreciate you making this correction.\nBest regards,\nJay\nJay Johnson, DGSA 1 Regulatory Compliance\no +1 770.373.3300 1 d +1 770.373.3356 1 m +1 770.377.02051 f +1 770.373.3357 1 e jayj@lnmarkPackaginq.com\nFollow us at:\nOur new website has launched! ln~f.~ck@ging~COrt1 offers a robust set of tools and information to elevate your\nexperience with us.\nConfidentiality Notice:\nThis communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510,\nand its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain\nconfidential information. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached\nto this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at +1-770-373-3300 and destroy the original\ntransmission and its attachments without reading or saving in any manner.\nFrom: !;1en'-SJJQkO@QQtgQ\\' [IDQ!lto: eeo,Sugko@_9_Qt.Q.9.Y]\nSent: Tuesday, December 04, 2012 10:16 AM\nTo: Jay Johnson\nSubject: Re: Question on a 4GV Interpretation\n3\n\n<<<PAGE 5>>>\n\nMr. Johnson,\nGood morning. I received your voicemail yesterday and have asked the staff member that worked on the letter to follow\nup with both you and the initial requester. Please let me know if you don't hear anything from COB tomorrow.\nThank you for bringing this to my attention,\nBen\nFrom~ Jay Johnson [m91!lQ.:jf1Yi@imJ19IKin~.~9m]\nSent: Tuesday, December 04, 2012 09:34AM\nTo: Supko, Ben (PHMSA)\nCc: Kelley, Shane (PHMSA)\nSubject: Question on a 4GV Interpretation\nHello Ben,\nI left you a voice mail message last week concerning an interpretation on 4GV packaging (Ref. No. 11-0282).\nIn the interpretation you answered Q3 about 4GV packaging with an answer referencing Variation 1 in§ 178.601(g)(1)(i)\nbut answers to questions on 4GV packaging should be referencing Variation 2 in§ 178.601(g)(2).\nI believe that the answer would be different for Variation 2 because of this line in§ 178.601(g)(2)(iii) that allows inner\npackagings to be used in place of a single inner packaging tested:\nThe thickness of cushioning material between inner packagings and between inner packagings and the outside of\nthe packaging may not be reduced below the corresponding thickness in the originally tested packaging; and when\na single inner packaging was used in the original test, the thickness of cushioning between inner packagings may\nnot be less than the thickness of cushioning between the outside of the packaging and the inner packaging in the\noriginal test.\nI would like to rephrase the question about 4GV packaging to the following:\nAre the limits set by 4GV packaging based on the total volume tested, the marked maximum gross and the minimum\nthickness of cushioning material?\nIf a 4GV package was tested with 2 x 11iter fragile glass bottles, Can a shipper substitute (without the need for further\ntesting) the following inner combinations if the minimum thickness of cushioning material was maintained and the\npackage weighs less than the marked gross mass?\n• 4 x SOOml plastic bottles\n• Two plastic bags each containing 2 x 500 ml plastic bottles with no minimum cushioning distances maintained\nwithin the bag\n• 1 x 2 liter plastic bottle\n• 2 metal cans each containing 1 x 11iter glass bottle\n• 2 metal cans each containing 2 x SOOml glass bottles with no minimum cushioning distances maintained within the\ncan\n• 2 metal cans each containing 1 x SOOml glass bottles\nThanks\nJay\n4\n\n<<<PAGE 6>>>\n\nJay Johnson, DGSA 1 Regulatory Compliance\no +1 770.373.3300 I d +1 770.373.3356 1 m +1 770.377.0205 1 f +1 770.373.3357 1 e jayj@lnmarkPackaging.com\nFollow us at:\nOur new website has launched! !a~!!!?~l5~co_rn offers a robust set of tools and information to elevate your\nexperience with us.\nConfidentiality Notice:\nThis communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510,\nand its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain\nconfidential information. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached\nto this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at +1-770-373-3300 and destroy the original\ntransmission and its attachments without reading or saving in any manner.\n5","truncated":false,"body_characters":12814}