Mauser Packaging Solutions — Hazardous Materials Safety Interpretation

Page 10 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 JUL O 8 2019 Tatiana Smoleeva Manager, Regulatory and Testing Mauser Packaging Solutions 2 Tower Center Blvd., 20th Floor East Brunswick, NJ 08816 Reference No. 19-0004 Dear Ms. Smoleeva: This letter is in response to your December 18, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging selective testing requirements. Specifically, you seek clarification on the design type changes and selective testing requirements for non-bulk packagings in § 178.601. We have paraphrased and answered your questions as follows: Q 1. You ask whether variations in the material of closure for the cover of an open-head UN1A2 steel drum constitute a "different packaging" design type for which design qualification and periodic testing is required. A 1. The answer is no. As provided in § 178.601 (g)(8)(xii), variations to the material used for the cover (i.e., the closure) of a UN1A2 steel drum would not be considered a different drum design. This exception only applies to a UN1A2 steel drum. Q2. You seek confirmation of your understanding based on a historical Letter of Interpretation (Ref. 99-0054) and the testing requirements found in§ 178.601(g)(5), that selective testing under Variation 5 encompasses all single packaging design types, including closures (i.e., closure devices) and gaskets on the cover of a UNIA2 steel drum. A2. Your understanding is correct. In accordance with§ 178.601(g)(5), a single packaging that differs from a tested design type only to the extent that the closure device or#

Page 2gasketing differs from that used in the original tested design type may be used without further testing provided an equivalent level of performance is maintained, subject to the conditions contained in§ 178.601(g)(5)(i) and (ii). I hope this information is helpful. Please contact us if we can be of further assistance. Chief, Standards Development Branch Standards and Rulemaking Division#

Page 31q-ooo+ January, Ikeya CTR (PHMSA) From: Sent: To: Subject: Attachments: INFOCNTR (PHMSA) Monday, February 04, 2019 9:47 AM Hazmat Interps FW: Interpretation Request Interpretation request_Mauser _178.601.pdf Hello Alice and lkeya, Please see the attached letter of interpretation request. Thanks, Lynsie Patschke Transportation Regulatory Specialist Hazardous Materials Information Center (HMIC) From: Tatiana Smoleeva [mailto:Tatiana.Smoleeva@mauserpackaging.com] Sent: Tuesday, January 01, 2019 9:14 PM To: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov> Subject: Mauser_lnterpretation_ 49 CFR 178.601 Dear PHMSA, Please find attached a request for interpretation of the HMR. Thank you and regards, Tatiana Smoleeva Manager, Regulatory & Testing Large Packaging Mauser Packaging Solutions 35 Cotters Lane ► East Brunswick, NJ 08816 ► USA P: + 1 732-353-7015 M: + 1 732 675 1469 F: + 1 732 353 7030 tatia na .smoleeva@mauserpackaging.com ► mauserpackagi ng. com The Department of Transportation regulations require that the filler or offeror for shipment determine hazard class, packing group and suitability of the packaging for transportation including compatibility with the materials of construction and any gaskets, coatings, linings and surface treatments and service equipment. Further it is the shipper's responsibility to close each container according to the manufacturers' closing instructions. Mauser USA, LLC drums and IBCs are not pressure vessels or vacuum receptacles and Mauser USA, LLC does not recommend or warrant them for this use. They are designed and sold to be shipping packagings and containers only. Mauser USA, LLC drums and IBCs are not long term storage vessels, they are designed and sold to be shipping packagings and containers. We suggest for safety and integrity of the lading that storage in any shipping container be limited. Mauser USA, LLC does not provide consulting services for a fee. This information and data herein are provided as an accommodation and without warranty, guarantee or assurance as to its accuracy, completeness or suitability for any purpose. It is not intended for public dissemination, or for any purpose involving the issuance, maintenance or infringement 1#

Page 4of patents or intellectual property of others. Any use or non-use of this information is at the sole risk and discretion of the recipient. Confidentiality: This e-mail contains information intended only for the use of the recipient, recipients' employees or agents. If the reader of this e-mail is not the intended recipient or the employee or agent of the intended recipient, any dissemination, publication or copying of this e-mail without express written approval of the author is prohibited. The sender does not accept any responsibility for any loss, damage or disruption to your data or computer system that may occur while using the data contained in, or transmitted with, this e-mail. If you have received this in error advise us by returning this e-mail. J.J Please consider your environmental responsibility before printing this e-mail 2#

Page 50MAUSER Packaging Solutions December 18, 2018 Standards and Rulemaking Division Pipeline and Hazardous Materials Safety Administration Attn: PHH-10 U.S. Department of Transportation East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Dear Standards and Rulemaking Division, I am writing on behalf of MAUSER Packaging Solutions to request clarification on the design type changes and selective requirements for testing of non-bulk packagings under HMR, 49 CFR 178.601 (g). Question 1: The General Requirements, Section 178.601 (g)(8) includes the following language ... A change in any one or more of the following design elements constitutes a different drum design type: (xii) The location (e.g., from the head to the body), type (e.g., mechanically seamed or welded flange), and materials of closure (other than the cover of UN 1A2 drums); and ... Does "other than" in the passage above suggest that variations in materials of closure on the cover of 1A2 drum do not constitute a different packaging design type for which design qualification testing and periodic retesting are required? Question 2: In the past letter of interpretation (Ref. 99-0054) DOT has recognized that it is not required to test each closure for a packaging used under Variation 5 of 178.601 (g) when the periodic design qualification is performed. We believe selective testing under Variation 5 of 178.601 (g) covers all single packaging design types, and includes closures and gaskets on the cover of 1A2 drums. Is our understanding correct? Thank you in advance for your time and assistance in this matter. Mauser Packaging Solutions 2 Tower Center Blvd. 20th Floor East Brunswick, NJ 08816 P: (732) 353-7100 infO@mauserpackaging.com www.mauserpackaging.com#

Page 60MAUSER Packaging Solutions Sincerely, Tatiana Smoleeva Manager, Regulatory and Testing Phone: 732.353. 7015 Fax: 732.353. 7030 tatiana.smoleeva@mauserpackaqing.com Mauser Packaging Solutions 2 Tower Center Blvd. 20th Floor East Brunswick, NJ 08816 P: (732) 353-7100 info@mauserpackaging.com www.mauserpackaging.com#