{"operation":"document","citation":"19-0004","title":"Mauser Packaging Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-07-08","effective_on":null,"summary":"19-0004 response to Mauser Packaging Solutions concerning 178.601.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0004","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71821/190004.pdf","body":"<<<PAGE 1>>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJUL O 8 2019\nTatiana Smoleeva\nManager, Regulatory and Testing\nMauser Packaging Solutions\n2 Tower Center Blvd., 20th Floor\nEast Brunswick, NJ 08816\nReference No. 19-0004\nDear Ms. Smoleeva:\nThis letter is in response to your December 18, 2018, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging\nselective testing requirements. Specifically, you seek clarification on the design type changes\nand selective testing requirements for non-bulk packagings in § 178.601.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask whether variations in the material of closure for the cover of an open-head\nUN1A2 steel drum constitute a \"different packaging\" design type for which design\nqualification and periodic testing is required.\nA 1. The answer is no. As provided in § 178.601 (g)(8)(xii), variations to the material used for\nthe cover (i.e., the closure) of a UN1A2 steel drum would not be considered a different\ndrum design. This exception only applies to a UN1A2 steel drum.\nQ2. You seek confirmation of your understanding based on a historical Letter of\nInterpretation (Ref. 99-0054) and the testing requirements found in§ 178.601(g)(5), that\nselective testing under Variation 5 encompasses all single packaging design types,\nincluding closures (i.e., closure devices) and gaskets on the cover of a UNIA2 steel\ndrum.\nA2. Your understanding is correct. In accordance with§ 178.601(g)(5), a single packaging\nthat differs from a tested design type only to the extent that the closure device or\n\n<<<PAGE 2>>>\n\ngasketing differs from that used in the original tested design type may be used without\nfurther testing provided an equivalent level of performance is maintained, subject to the\nconditions contained in§ 178.601(g)(5)(i) and (ii).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n1q-ooo+\nJanuary, Ikeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nINFOCNTR (PHMSA)\nMonday, February 04, 2019 9:47 AM\nHazmat Interps\nFW: Interpretation Request\nInterpretation request_Mauser _178.601.pdf\nHello Alice and lkeya,\nPlease see the attached letter of interpretation request.\nThanks,\nLynsie Patschke\nTransportation Regulatory Specialist\nHazardous Materials Information Center (HMIC)\nFrom: Tatiana Smoleeva [mailto:Tatiana.Smoleeva@mauserpackaging.com]\nSent: Tuesday, January 01, 2019 9:14 PM\nTo: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov>\nSubject: Mauser_lnterpretation_ 49 CFR 178.601\nDear PHMSA,\nPlease find attached a request for interpretation of the HMR.\nThank you and regards,\nTatiana Smoleeva\nManager, Regulatory & Testing\nLarge Packaging\nMauser Packaging Solutions\n35 Cotters Lane ► East Brunswick, NJ 08816 ► USA\nP: + 1 732-353-7015 M: + 1 732 675 1469 F: + 1 732 353 7030\ntatia na .smoleeva@mauserpackaging.com ► mauserpackagi ng. com\nThe Department of Transportation regulations require that the filler or offeror for shipment determine hazard class, packing\ngroup and suitability of the packaging for transportation including compatibility with the materials of construction and any\ngaskets, coatings, linings and surface treatments and service equipment. Further it is the shipper's responsibility to close\neach container according to the manufacturers' closing instructions.\nMauser USA, LLC drums and IBCs are not pressure vessels or vacuum receptacles and Mauser USA, LLC does not\nrecommend or warrant them for this use. They are designed and sold to be shipping packagings and containers only.\nMauser USA, LLC drums and IBCs are not long term storage vessels, they are designed and sold to be shipping packagings\nand containers. We suggest for safety and integrity of the lading that storage in any shipping container be limited.\nMauser USA, LLC does not provide consulting services for a fee. This information and data herein are provided as an\naccommodation and without warranty, guarantee or assurance as to its accuracy, completeness or suitability for any\npurpose. It is not intended for public dissemination, or for any purpose involving the issuance, maintenance or infringement\n1\n\n<<<PAGE 4>>>\n\nof patents or intellectual property of others. Any use or non-use of this information is at the sole risk and discretion of the\nrecipient.\nConfidentiality:\nThis e-mail contains information intended only for the use of the recipient, recipients' employees or agents. If the reader of this e-mail is\nnot the intended recipient or the employee or agent of the intended recipient, any dissemination, publication or copying of this e-mail\nwithout express written approval of the author is prohibited. The sender does not accept any responsibility for any loss, damage or\ndisruption to your data or computer system that may occur while using the data contained in, or transmitted with, this e-mail. If you have\nreceived this in error advise us by returning this e-mail.\nJ.J Please consider your environmental responsibility before printing this e-mail\n2\n\n<<<PAGE 5>>>\n\n0MAUSER\nPackaging Solutions\nDecember 18, 2018\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nU.S. Department of Transportation\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nDear Standards and Rulemaking Division,\nI am writing on behalf of MAUSER Packaging Solutions to request clarification on the design\ntype changes and selective requirements for testing of non-bulk packagings under HMR, 49\nCFR 178.601 (g).\nQuestion 1:\nThe General Requirements, Section 178.601 (g)(8) includes the following language\n... A change in any one or more of the following design elements constitutes a different\ndrum design type:\n(xii) The location (e.g., from the head to the body), type (e.g., mechanically seamed or\nwelded flange), and materials of closure (other than the cover of UN 1A2 drums); and ...\nDoes \"other than\" in the passage above suggest that variations in materials of closure on the\ncover of 1A2 drum do not constitute a different packaging design type for which design\nqualification testing and periodic retesting are required?\nQuestion 2:\nIn the past letter of interpretation (Ref. 99-0054) DOT has recognized that it is not required to\ntest each closure for a packaging used under Variation 5 of 178.601 (g) when the periodic\ndesign qualification is performed.\nWe believe selective testing under Variation 5 of 178.601 (g) covers all single packaging design\ntypes, and includes closures and gaskets on the cover of 1A2 drums. Is our understanding\ncorrect?\nThank you in advance for your time and assistance in this matter.\nMauser Packaging Solutions 2 Tower Center Blvd.\n20th Floor\nEast Brunswick, NJ 08816\nP: (732) 353-7100 infO@mauserpackaging.com\nwww.mauserpackaging.com\n\n<<<PAGE 6>>>\n\n0MAUSER\nPackaging Solutions\nSincerely,\nTatiana Smoleeva\nManager, Regulatory and Testing\nPhone: 732.353. 7015\nFax: 732.353. 7030\ntatiana.smoleeva@mauserpackaqing.com\nMauser Packaging Solutions 2 Tower Center Blvd.\n20th Floor\nEast Brunswick, NJ 08816\nP: (732) 353-7100 info@mauserpackaging.com\nwww.mauserpackaging.com","truncated":false,"body_characters":7334}