Guidanceguidance
14-0194
S.C. Johnson & Son, Inc. — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 1of Transportation U.S. Department Washington DC 20590 1200 New Jersey Avenue SE Pipeline and Hazardous Materials Safety Administration MAR 1 3 2015 Mr. Chris Kubicek S.C. Johnson & Son, Inc. 1525 Howe Street - MS 042 Racine, WI 53403 Ref. No. 14-0194 Dear Mr. Kubicek: This responds to your October 14, 2014 email requesting clarification on the design qualification requirements for DOT-2S containers under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that some manufacturers of 2S containers interpret that the drop test must be performed on a filled container with only the valve cup installed - reflecting the product configuration of the container during the manufacturing process immediately after filling. Additionally, you attached photographs of examples of the containers with the valve only configurations and with the actuator overcap configuration. Specifically, you ask that when the container (i.e., the aerosol) is drop tested in accordance with § 178.33b-7, should the test be conducted with the actuator overcap removed or should the container be tested in its assembled configuration for consumer use? The container should not be tested in its assembled configuration. The drop test must be performed with the valve only, i.e., without any covers/overcaps attached. I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553. Acting Chief, Standards Development Branch Standards and Rulemaking Division#
Page 2Boothe 178.336-7 Desion Qualification Dodd, Alice (PHMSA) 1-0194 From: Sent: Betts, Charles (PHMSA) Tuesday, October 14, 2014 11:06 AM To: Dodd, Alice (PHMSA) Cc: Subject: Goodall, Shante CTR (PHMSA) Fw: Interpretation of 178.33b-7 Attachments: consumer 1.jpg; consumer 2.jpg; consumer 3.jpg; valve only 1.jpg; valve only 2.jpg; valve only 3.jpg Alice- Please log and assigned to a specialist. Thanks, Charles From: Kubicek, Chris A. [mailto:CAKubice@scj.com] Sent: Tuesday, October 14, 2014 09:30 AM Eastern Standard Time To: Betts, Charles (PHMSA) Cc: Freeman, Cheryl (PHMSA); shane.kelly@dot.gov<shane.kelly@dot.gov>; Doug Fratz (dfratz@cspa.org) <dfratz@cspa.org>; Steve Engler (sengler@aerofil.com) <sengler@aerofil.com> Subject: FW: Interpretation of 178.33b-7 Charles, thank you for your clarification to Mr. Fratz on the 49CFR178.33b-7 (DOT-2S) drop test protocol. We understand the aerosol product should be tested without it's shipping container. We do need more clarification on the aerosol itself. Some of our CSPA members interpret the drop testing to be performed on a filled container with only the valve cup installed (the product configuration of the aerosol during the manufacturing process immediately after filling). When the individual aerosol is drop tested, should that aerosol container with the actuator overcap removed? Or should the aerosol container be tested in the assembled configuration as the consumer would be using? • I am attaching three examples of 'valve only configurations, and 3 examples of the assembled aerosols for consumer use. Thank you for your help on this, we look forward to your response. Chris COLAS RATE SCIENCES CHRIS KUBICEK | Principal | ph 262.260.5419 txt 262.374.2089 | cakubice@scj.com S. C. Johnson & Son, Inc. | 1525 Howe Street - MS 042 - Racine, WI 53403 1#
Page 3"The information herein contains the Confidential and Proprietary Information of S.C. Johnson. Neither receipt nor possession thereof confers any right to reproduce, use, or disclose, in whole or in part, any of this information, except in accordance with a written agreement with S.C. Johnson." From: Doug Fratz [mailto:dfratz@cspa.org] To: Kubicek, Chris A. Sent: Friday, October 03, 2014 12:22 PM Subject: Fwd: Interpretation of 178.33b-7 See response below. D. Douglas Fratz Senior Science Fellow and Aerosol Division Staff Executive Consumer Specialty Products Association 1667 K Street NW, Suite 300 Washington, DC 20006 Direct: 202-833-7304 Office: 202-872-8110 email dfratz@cspa.org | www.cspa.org This e-mail, including any attachments, contains information from the Consumer Specialty Products Association (SPA) and is intended solely for the use of the named recipient or recipients and CSPA member companies. This email, including any attachments or hyperlinks within it, may contain information that is confidential, legally privileged or otherwise protected from disclosure. If you are not the intended recipient of this email, you are not entitled to use, disclose, distribute, copy, print, disseminate or rely on this email in any way. Even if you are the intended recipient or a CSPA member company, you may not distribute, disclose or otherwise disseminate this email or its attachments outside the membership of CSPA, without CSPA's prior written consent. Sent from my iPad Begin forwarded message: From: <charles.betts@dot.gov> Date: October 3, 2014 at 8:37:02 AM EDT To: <dfratz@cspa.org> Cc: <cheryl.freeman@dot.gov>,<shane.kelley@dot.gov> Subject: RE: Interpretation of 178.33b-7 Good morning Mr. Fratz- After speaking with several staff members, it is our understanding that the drop test must be performed on the filled DOT 25 container without the outer shipping container. We hope that this helps. Regards, 2#
Page 4Charles From: Doug Fratz [mailto: dfratz@cspa.org] To: Kelley, Shane (PHMSA); Betts, Charles (PHMSA) Sent: Wednesday, October 01, 2014 9:15 AM Subject: Interpretation of 178.33b-7 Shane, Charles: We have a question regarding the requirement in 49CFR178.33b-7 that, "The closure, or sealing component of the container, must not be protected during the test." (This relates to the design qualification drop test for 2S plastic aerosol containers.) Does this simply mean that the test is conducted on the filled aerosol product without the outer shipping container (usually a cardboard box)? Thanks in advance. D. Douglas Fratz Senior Science Fellow and Aerosol Products Division Staff Executive 1667 K Street NW, Suite 300 Consumer Specialty Products Association Washington, DC 20006 Direct: 202-833-7304 Office: 202-872-8110 email dfratz@cspa.org | www.cspa.org This e-mail, including any attachments, contains information from the Consumer Specialty Products Association (SPA) and is intended solely for the use of the named recipient or recipients and CSPA member companies. This email, including any attachments or the intended recipient of this email, you are not entitled to use, disclose, distribute, copy. print, disseminate or rely on this email in any hyperlinks within it, may contain information that is confidential, legally privileged or otherwise protected from disclosure. If you are not email or its attachments outside the membership of CSPA, without SPA's prior written consent. way. Even if you are the intended recipient or a SPA member company, you may not distribute, disclose or otherwise disseminate this 3#
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This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.