{"operation":"document","citation":"99-0264","title":"Riviana Foods Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-10-29","effective_on":null,"summary":"99-0264 response to Riviana Foods Inc. concerning 178.603.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0264.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0264.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0264","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990264.pdf","body":"<<<PAGE 1>>>\n\n•\n.Departmer\nTransportatic\n400 Seventh Street. S.W\nWashington, D.C. 20590\nResearch and\nSchmini tretions\nOCT 2 2 1999\nMr. Lejo C. Brana, CPP\nRef. No. 99-0264\nRiviana Foods Inc.\n1702 Taylor Street\nHouston, TX 77007\nDear Mr. Brana:\nThis is in response to your letter dated September 20, 1999, requesting an approval of an alternate\ndrop test procedure for steel drums and a clarification of these requirements under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180).\nDuring a recent inspection, Riviana Foods, Inc.'s Packaging Testing Center (Riviana), a third party\ntesting agency; was cited with a probable violation of the drop test procedures specified in\n§§ 178.601(f) and 178.603(a). The probable violation was issued because of failure to perform drop\ntests using the minimum number of samples and failure to perform drop tests on the weakest part of the\ndrum not tested by the first drop. Specifically, Riviana performed the second drop test on three\ndifferent parts of a drum, using only one drum for each of the three separate drops.\nThe provisions of § 178.603(a) require that two separate drop tests be performed. The first drop test,\nusing three samples, must strike the target diagonally on the chime or, if the packaging has no chime, on\na circumferential seam or edge. The second drop test, also using three samples, must strike the\nweakest part of the drum not tested by the first drop.\nThe second drop test procedure used by Riviana, i.e., performing the second drop test on three\nseparate parts of the drum using one sample each, does not comply with the requirements in\n§ 178.603(a). Additionally, this procedure is not equivalent to that prescribed by the regulations and,\ntherefore, is not eligible for approval as an equivalent packaging under 49 CFR 178.601(h).\nI hope this satisfies your inquiry. If we can be of further assistance please contact us.\nSincerely,\nand 1. Mazalo\nEdward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n178.60\n990264\n\n<<<PAGE 2>>>\n\nPACKAGE TESTING CENTER\nRVR\n1702 TAYLOR STREET\nRIVIANA FOODS INC.\nFAX: 713/861-9939\nHOUSTON, TEXAS 77007\nTEL: 713/861-0221\nSeptember 20, 1999\n: \"\nMr. Edward Mazzullo\nDirector\nOffice of Hazardous Materials Standards\nRSPA, US Department of Transportation\n400 Seventh Street, SW\nWashington, D.C. 20590\nVIA FAX 202-366-3012\nDear Mr. Mazzullo:\nMr. Thomas L. Lynch, Hazardous Materials Enforcement Specialist, Southwest Region of the\nDepartment of Transportation suggested that I write and request for your interpretation and\nruling on the drop test procedure for steel drums and other types in the shape of a drum. This\nprocedure is Section 178.601 (f) and 178.603(a) of the Code of Federal Regulations 49.\nHis inspection of our Third Party Testing Agency as indicated in the attached Exit Briefing show\nthat there is a probable violation in the drop testing procedure. This procedure (Sec. 178.603(a)\nof 49 CFR prescribes the following for drums:\n1. Number of test samples - Six- (three for each drop)\nDrop Orientation of Samples:\nFirst drop (using three samples). The package must strike the target diagonally on the\nchime or, if the packaging has no chime, on a circumferential seam or an edge.\nSecond drop (using the other three samples). The package must strike the target on the\nweakest part not tested by the first drop, for examples a closure or, for some\ncylindrical drums, the welded longitudinal seam of the drum body.\n\" In reviewing the above procedure, we find that the first three (3) drops are mandatory on the\nchime or edge, however, it is not clear that the three (3) other samples must be dropped on the\nsame target without clearly knowing where the next weakest part or parts of the packaging can\nAs a Third Party Testing Agency without confirmed and specific information on where the next\n1. That until an official ruling is issued, a waiver be granted to a variation in the drop\ntest procedure to allow for the second set of drops at various targets on the packaging.\nThis procedure can also be valid in determining the drop performance of the\npackaging (as in the different impact points of the 4G or box type packagings) when\ncompared with the current procedure.\nCABLE: RIVIANA\n\n<<<PAGE 3>>>\n\nULI\n(RVR)\n2. That following the grant of a waiver and also considering the validity of the alternate\ntest procedure described above, we requesting for this procedure (covering the second\nset of drops to strike at different targets) be considered acceptable and an official\ninterpretation and ruling be issued\nThank you for giving this letter your kind attention and consideration and looking forward to\nreceiving your favorable and prompt reply.\nVery truly yours,\nLEJO C. BRANA, CPF\nDirector of Packaging\nCo: Mr. R. B. Mohindra\nMs. E. B. Woodard\n2","truncated":false,"body_characters":4781}