Law Offices of F. Michael Friedman — Hazardous Materials Safety Interpretation

Page 1• of Transportation U.S.Department 400 Seventh Street, S.W. Washington, D.C 20590 Research and Special Programs Administration NOV 13 1993 Mr. F. Michael Friedman Law Offices of F. Michael Friedman Ref. No. 98-0310 Post Office Box 1000 Media, Pennsylvania 19063-0790 Dear Mr. Friedman: This is in response to your letter dated October 14, 1998 regarding clarification of the small quantity exceptions in 49 CER 173.4, under the Hazardous Materials Regulalions (HMR; 49 CER Parts 171-180). Your questions are paraphrased and answered as follows: Q1. language describing the performance requirements for acceptable small quantity exceptions in 49 CFR 173.4 contain specific packaging; does this mean that it is not necessary to use UN standard packaging for materials offered for shipment under 49 CER 173.4, provided the materials meet these requirements? Al. Your understanding is correct. A material prepared in accordance with the quantity limits and packaging requirements in 49 CFR 173.4, is not subject to any other requirements of the HMR, including UN standard packaging requirements. Q2. Is there a periodic retest requirement for packages used fox hazardous material shipments made in accordance with 49 CFR 173.4. A2. No. Only prototype testing of a packaging is required. However, if the packaging is modified, a new prototype test must be performed. As provided in $ 173.4 (a) (6), each completed packaging must be capable of passing the prescribed tests. I hope this satisfies your inquiry. Sincerely, 1. Ci - Delmér FEBílTinaS i Chief, Standards Development • Office of Hazardous Materials Standards -#

Page 2Engrum LAW OFFICES OF F. MICHAEL FRIEDMAN § 173.4 206 WEST STATE STREET P. O. BOX 1000 98-0310 E. MICHAEL FRIEDMAN •• MEDIA. PENNSYLVANIA 19063-0790 PENELOPE MILLER DAVIDOFF • (610) 565-7444 ELECTRONIC MAIL TO: mfriedm(@delcobar.org TELEFAX • MEMBER PENNSYLVANIA BAR ONL SEMBER PENNSYLVANIA & NEW JERSEY BA (610) 565-0938 October 14, 1998 Mr. Edward Mazzullo, Director Office of Hazardous Materiai Standards DHM 10 Research and Special Projects Administration United States Department of Transportation 400 7th Street S.W. Washington, DC 20590-0001 Dear Mr. Mazzullo: I am writing on behalf of a client who desires clarification on two points. 49 C.F.R. Section 173.4 (Small Quantities Exemption) contains specific language describing the performance requirements for acceptable packaging. As such, it would appear that it is not necessary to use UN standard packaging for materials offered for shipment under 173.4 provided the materials meet the requirements of 173.4. Am I correct in this? Second, am 1 correct that there is no requirement for periodic retesting of C.F.R. Section 178.601 packages which meet a UN standard must be retested every packages used for shipment made pursuant to §173.4. In other words, under 49 wo years if they are a composite package. By their nature packages under 173.4 ar composite packages but it does not appear that they require bi-annual testing provided there is no change in the components. Am I correct in this? Thank you for your assistance. Very truly yours, F. Michael Friedman FMF/bam#