Minimum Testing Frequency for Non-bulk Packaging

This is in response to your letter dated February 14, 1997, regarding the testing and periodic retesting frequency for non-bulk packagings and packages specified in § 178.601 (e) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you believe that a frequency of every 10 years instead of every two years is sufficient for periodic retesting of non- bulk packagings.

Section 178.601(e) requires that single or composite packagings be periodically retested every twelve months and that combination packagings be periodically retested every twenty four months. Under Docket HM-181, an annual retest period was originally proposed for both single and combination packagings. Commenters noted that the proposed annual retest requirement was too burdensome for combination packagings. Commenters stated that annual retesting of all variations of combination packagings would place an undue burden on the industry. With many modifications made to these combination packagings to accommodate varying shipping needs, the number of packagings requiring periodic retesting would become so large that it would be unmanageable. One commenter recommended that, to ease the burden, retesting be required every two or three years.

RSPA recognized the difficulties that third party agencies, as well as those who choose to self-certify, might face in keeping up with annual retesting of combination packagings. RSPA also recognized that combination packagings are not produced in the same manner as single or composite packagings, and the number of variations in combination packagings is very large. Therefore, the periodic retesting frequency for combination packagings was changed from annually to every two years in the final rule under Docket HM-181, published December 21, 1990. This extended period for retesting further reduced the burden of testing on combination packagings manufacturers. In addition, certain alternative test methods have been authorized for periodic and production testing, so that the cost to perform these periodic tests can be reduced. RSPA believes these are the minimum retesting frequecies that can be authorized in order to maintain quality control for performance based packagings used to transport hazardous materials.

The packaging manufacturer must periodically retest to ensure that each packaging produced by the manufacturer is capable of passing the design qualification tests. This retest requirement is only for manufacturers. A shipper may purchase a UN packaging, store it indefinitely and then use it without any testing requirements.

I hope this clarifies our retesting frequencies for performance based packagings under the HMR, and our interest in ensuring quality control and public safety in the transportation of hazardous materials. Thank you for your comments and your interest in the safe transportation of hazardous materials. If we can be of further assistance, please do not hesitate to contact us.