{"operation":"document","citation":"20-0004","title":"North American Automotive Hazmat Action Committee — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-04-24","effective_on":null,"summary":"20-0004 response to North American Automotive Hazmat Action Committee.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0004","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73691/200004.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 24, 2020\nWayne Shafer\nLead, Supplier Regulatory Workgroup\nNorth American Automotive Hazmat Action Committee\n4505 W. 26 Mile\nWashington, MI 48094\nReference No. 20-0004\nDear Mr. Shafer:\nThis letter is in response to your January 22, 2020, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the testing of non-\nbulk packagings. You describe a scenario where a non-bulk packaging uses bubble wrap as a\ncushioning material. This packaging configuration successfully completed the applicable tests\nfor the specification. Specifically, you ask whether a different cushioning material (Instapack)\ncan be used rather than what was used in the originally tested specification packaging (Bubble\nWrap) without having to retest the packaging.\nThe answer is no. Use of a different cushioning material (Instapack) between the inner and outer\npackaging would qualify as a new packaging unless the packaging meets one of the selective\ntesting of packagings in § 178.601(g). In absence of this selective testing (i.e., a variation), the\npackaging with a different cushioning described in your scenario must be tested in accordance\nwith Part 178, Subpart M.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDodd, Alice (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Attachments: Wednesday, January 22, 20204:51 PM\nHazmat lnterps\nFW: Letter of Interpretation Request\nLetter of Interpretation DOT Cushioning 1.22.20.pdf; Shafer _LOl.docx\nHello Alice and lkeya,\nPlease see attached for letter of interpretation request.\nPlease contact our office with any questions.\nThank you,\nKathryn, HMIC\nFrom: Shafer Wayne [mailto :Wayne.Shafer@zf.com]\nSent: Wednesday, January 22, 2020 8:29 AM\nTo: INFOCNTR (PHMSA) \nCc: Schoonover, William (PHMSA) ; Foster, Glenn (PHMSA) \nSubject: Letter of Interpretation Request\nHello,\nI'm requesting a letter of interpretation regarding 49 CFR section 178.600. I've attached my letter for your\nreview. If you need further information please contact me at (586) 232.7744 or via email\nwayne .shafer@zf.com.\nThank you for your help in advance.\nWayne Shafer\n1\n\n<<>>\n\nNAAHAC\nNorth American Automotive\nHazmat Action Committee\nJanuary 22, 2020\nMr. William Schoonover\nAssociate Administrator\nPipeline and Hazardous Materials Safety Administration\nUS Department of Transportation\n1200 New Jersey Ave., SE\nEast Bldg. PHH-10\nWashington, DC 20590-0001\nRef: Interpretation of 49 CFR 178.600 Testing of Non-bulk Packagings and Packages\nDear Mr. Schoonover:\nNorth American Automotive Hazardous Materials Action Committee (NAAHAC) is an issue-driven,\naction-oriented voluntary working group currently comprised of participants employed by North\nAmerican Automotive companies and their key suppliers, whose purpose is to consider and respond to\nthe vital hazardous materials and dangerous goods issues of its membership.\nThe Supplier Regulatory Workgroup within NAAHAC consists of representatives from Autoliv, Daicel,\nJayson Safety Systems and ZF Passive Safety Systems. All are manufacture of airbag inflators, modules,\nseatbelt pretensioners and other hazardous materials inside packages.\nOur focus is on shipping parts that cannot be damaged during transit and ensuring that the package\nintegrity is maintained during transportation. We agree that whether we use spec packaging or non-\nspec packaging, and whether we use single or combination packagings, the goal is to ensure that shifting\nof the devices within the package does not cause damage that could reduce the structural integrity of\nthe package.\nWe are seeking an interpretation from the US Department of Transportation 49 CFR 178.600 Testing of\nNon-bulk Packagings and Packages. We currently have a spec package used as both a single package\nand a combination package that includes bubble wrap as cushioning material. We are seeking approval\nto include a second optional cushioning material called lnstapack without the need to retest our\npackage.\n\n<<>>\n\nNAAHAC\nNorth American Automotive\nHazmat Action Committee\nI've enclosed pictures of the lnstapack material we are seeking approval for.\nBubble Wrap lnstapack Material\nThe requested approval within this petition does not negatively impact safety to the public and we're\nhoping you would agree with our position that either bubble wrap or lnstapack used for\ncushioning/dunnage does not constitute a new package and does not require retesting. We would\nappreciate receiving a written response indicating either your agreement with this position or an\ninterpretation that can be used by all.\nWe thank you in advance for your assistance in this matter. If you need additional information\nregarding our inquiry you can contact me by phone at (586) 232-7744 or by email at\nwayne.shafer@zf.com. We look forward to your written response.\nSincerely,\nWayne Shafer\nLead, Supplier Regulatory Workgroup\nNAAHAC","truncated":false,"body_characters":5270}