{"operation":"document","citation":"18-0055","title":"Alden Medical LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-08-29","effective_on":null,"summary":"18-0055 response to Alden Medical LLC concerning 178.601.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0055.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0055.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0055","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/62861/180055.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG 2 8 2018\nMr. Chris Corridan\nAlden Medical LLC\n360 Cold Spring Avenue\nWest Springfield, MA 01089\nReference No. 18-0055\nDear Mr. Corridan:\nThis letter is in response to your April 9, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of United Nations\n(UN) specification packaging. You explain that your company has UN specification packagings\nthat underwent performance testing by a certified third party facility, and the resulting test report\nsuggested a periodic retest date of every 24 months. Specifically; you ask if you can continue to\nuse a packaging beyond the periodic retest date provided no changes are made to the approved\npackaging design.\nThe answer is yes. An unused UN certified packaging can be manufactured, maintained in\ninventory for an indefinite amount of time, and then used without being retested. There are no\nretesting procedures that a shipper must conduct for an unused UN certified packaging. The\nperiodic retest procedures described in§ 178.601(e) are design requalifications that must be\nperformed by the manufacturer to demonstrate that their design types still pass performance tests.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n~~\n-:p~~~\nl~-oo5S-\nJanuary, lkeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nMonday, April 09, 2018 4:58 PM\nHazmat Interps\nFW: Interpretation Question\nHi Alice & lkeya,\nBelow is a request for a letter of interpretation. Mr. Corridan spoke with Jonathon. Please let me know if you have any\nquestions.\nThanks,\nJodi\nFrom: Chris Corridan [mailto:chris@aldenmedical.com]\nSent: Monday, April 09, 201812:48 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Interpretation Question\nGood afternoon,\nI work for Alden Medical LLC, a manufacturing facility which occasionally ships out a hazmat product. Specifically, that\nproduct consists of plastic bottles of a liquid disinfectant inside cardboard boxes. The net volume in each box is about\nthree gallons, and the package's gross weight is about 35 pounds.\nThe packaging had successfully undergone performance testing by a certified third party facility. The testing report has a\n\"periodic retest date\" suggesting that the packaging should be retested 24 months after the testing date.\n· We have a sizeable quantity of packaging (empty bottles and boxes) which should last us well beyond the retesting date\non the report.\nProvided that no changes are being made to the approved design or the manufacture of the packaging, I wanted to\nknow if the DOT requires us to have the packaging retested on a periodic basis. If it is not required by the DOT, then we\nwould prefer not to spend money on unnecessary re-testing.\nI spent some time searching through 49 CFR §178, and I could not locate any regulation which requires retesting for this\ntype of packaging.\nOn Friday morning, I called the toll-free phone number 1-800-HMR-4922 (1-800-467-4922) as suggested by your web\nsite. I spoke at length with a representative named Jonathan. (I was told that the representatives' last names are not\nshared for these calls.) Jonathan was very helpful. He reviewed the regulations and found that there are some retesting\nrequirements which apply to \"chemical cylinders\" and to refurbished drums. However, it appeared to both of us no\nretesting requirements apply to the packaging used by Alden Medical.\nJonathan explained that he only provides informal guidance, and that a binding answer could be obtained by sending an\nemail and including a mailing address.\nIf retesting is unnecessary, we would prefer to continue using our inventory of packaging materials beyond the retesting\ndate.\n1\n\n<<<PAGE 3>>>\n\n•\nIf retesting is required, then we would have the materials retested.\nPlease advise.\nI can be reached by phone at 413-747-9717.\nMy mailing address is as follows:\nAlden Medical LLC\n360 Cold Spring Avenue\nWest Springfield, MA 01089\nThank you and have a nice day,\nRegards,\nChris Corridan\nRA/QA Manager\nAlden Medical LLC\n413.747.9717\n2","truncated":false,"body_characters":4346}