Bell Container Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C 400 Seventh Street, S.W. • 20590 Research and Special Programs Administration JAN | / 1999 Ms. Elaine Walicky Ref. No. 98-0341 Sales and Administrative Services Bell Container Corporation 615 Ferry Street Newark, NJ 07105 Dear Ms. Walicky: This is in response to your letter of November 13, 1998, requesting clarification of the requirements for manufacturing UN standard packagings under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Specifically you ask whether you may reproduce a packaging that was originally manufactured by a different company as long as you reproduce the exact specifications listed on the certification. Generally, no; if any component of a packaging differs in any way from the packaging that was originally design certified, the packaging is a "different packaging" as defined in § 178.601(c)(4) and must be retested. An exception would be where the manufacturer can establish that the packaging is virtually identical (for example fiberboard must have the same burst strength, edge crush resistance, water absorption rate, board weight, manner of construction etc.). In addition, as provided by § 178.601(1) the test report for each packaging must be maintained at each location where the packaging is manufactured and each location where the periodic retests are conducted until such tests are successfully performed again and a new test report is produced. I hope this information is helpful. Sincerely, Shun Dillio Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 21998 4:15PM BELL. CONTAINER CORP NO.812 P.212 *(973) 344-4400 NEW JERSEY PHONE NEW YORK PHONE FAX (973) 344-0817 (212) 964-0900 98-0341 Bell Container Corp. Manufacturers of CORRUGATED SHIPPING CONTAINERS 615 FERRY STREET, NEWARK, N.J. 07105 Lavalle 5178.601 November 13, 1998 Atta: Edward Mazzullo U.S. Department of Transportation (US DOT) Washington, D.C. VIA FACSIMILE (202) 366-3012 Dear Mr. Mazzullo: Re: Our telephone conversation with Diane Leville on this date regarding the manufacturing of U.N. Certification corrugated cartons. It is our understanding from the referenced telephone conversation with Ms. Leville, that we are not required to retest a U.N. Certified carton manufactured by a different manufacturer, as long as we can reproduce the exact specs listed on the Certification. We need this information in writing, at your earliest convenience, and would appreciate your faxing it to us at (973) 344-0817. Thank you for your assistance in this matter. Very truly yours, BELL CONTAINER CORP. Slaine Walicky Elaine Walicky, General Manager, Sales and Administrative Services#