Inmark Packaging — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Materials Safety Pipeline and Hazardous Washington, D.C. 20590 Administration AUG 1 0 2016 Mr. Jay Johnson, DGSA Regulatory Compliance Manager Inmark Packaging 675 Hartman Road, Suite 100 Austell, GA 30168 Reference No. 15-0233 Dear Mr. Johnson: This letter is in response to your email and subsequent telephone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the selective testing of a combination package. Specifically, you request clarification of the application of Variation 4 in combination with Variation 1 found under § 178.601(g) of the HMR. In your email, you state that you have a United Nations (UN) 4G combination packaging design successfully tested by an approved third party lab consisting of 4 x 1 gallon bottles in an outer fiberboard box. You intend to reduce the number of bottles by half and the size of the fiberboard box as authorized under Variations 1 and 4 of the selective testing provisions in § 178.601(g)(1) and (g)(4), respectively. You ask whether the marked gross mass on the packaging design should remain as originally certified or whether it should be reduced in proportion to the reduction in the number of inner packagings and the reduction in outer packaging dimensions. As prescribed in § 178.601(g), variations that differ only in minor respects of a tested design- type are permitted without further testing. However, unlike Variation 3 in § 178.601(g)(3), when using Variations 1 or 4, or a combination of both, reducing the marked gross mass is not necessary provided an equivalent level of performance is maintained in accordance with the original design, i.e., the packaging must be capable of passing the Part 178, Subpart M performance tests commensurate with the marked gross mass. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 21:18.401 Goodall, Shante CTR (PHMSA) Yestin Genert Rig From: 15-0233 Sent: Jay Johnson < jayj@inmarkinc.com> Monday, November 30, 2015 8:42 AM To: Cc: Foster, Glenn (PHMSA) Betts, Charles (PHMSA); Supko, Ben (PHMSA); Dodd, Alice (PHMSA); Goodall, Shante CTR (PHMSA); Frank Orvino; Heneghan, John (PHMSA); Leary, Kevin (PHMSA) Subject: RE: Questions about using selective testing Variation 4 Hello Glenn, Here is my question on how to properly apply the UN Specification marking when using Variation 4. I have a 1x4 gallon industrial round shipper certified by a DOT approved Third Party Lab as a 4G combination packaging. Variation 4 in combination with Variation 1 would allow me reduce the number of bottles and the size of the packaging to produce a 1x2 gallon shipper and a 1x1 gallon shipper without testing if I kept everything else the same. What should the UN specification marking look like on the smaller selective testing packages? Should I leave the Gross Mass in Kilograms the same as the originally certified package or is there some mechanism or formula to reduce the maximum gross mass in kilograms as the package reduces in size? Kind Regards, Jay Johnson, DGSA | Regulatory Compliance Manager SAF\PAK™ Inmark AN Inmark COMPANY EXAKT PAK® DG SUPPLIES AN LET IN COMPANY AN INMARK BRAND 675 Hartman Road, Suite 100 Austell GA 30168 + 770-373-3300 | : 770-373-3356 | m770-377-0205 | / 770-373-3357 | : jayi@inmarkpackaqing.com Follow us at: in Visit our website or InmarkPackaging.com to learn more about our products and services. Please consider the environment before printing this e-mail This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section Confidentiality Notice: 1#

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