Packaging Variations

This is in response to your December 21, 2005 letter regarding packaging variations under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:

Q1. Is a single packaging (e.g., a drum) with an improved closure design considered a. new design type or does Variation 5 of § 178.601(g)(5) apply?

A1. Changes in closures on single packagings are permitted without further design testing under the conditions prescribed in Variation 5. If the tests required in Variation 5 have been successfully completed, the new closure system is not considered a design change.

Q2. Is a drum with an improved closure design considered a new design type if the design is found to perform equal or better than the original design type in accordance with Variation 5?

A2. See A1.

Q3. If a manufacturer has several drum design types of various thicknesses, may they recertify all the drum types by testing the weakest design type with the new closure in accordance with § 178.601(g)(5)?

A3. Yes. When a closure device has been qualified by means of the tests referenced in Variation 5, § 178.601(g) (5), that closure device may be used on any packaging of the same type with at least the same integrity. Replacement closures and gasketings qualified under § 178.601(g) (5) are also authorized without additional testing for different tested design types packagings of the same type as the originally tested packaging, provided the original design type tests are more severe or comparable to tests which would otherwise be conducted on the packaging with the replacement closures or gasketings.