Testing Packaging for Small Quantity Exception

This is in response to your letter of March 4, 1998, requesting clarification of the packaging requirements for small quantities of hazardous materials under the Hazardous Materials Regulations (49 CFR parts 171-180). Specifically, you ask whether the prototype testing required by § 173.4(a)(6) requires each test to be performed on the same packaging.

The answer is no. As you pointed out in the original HM-181 final rule (55 FR 52402) § 173.4 has a note which states "Each of the test in paragraph (a)(6) of this section may be performed on a different but identical package; i.e., all tests need not be performed on the same package." Therefore, the intention of this section is that you may perform each test on a different package. This point will be clarified in a future rulemaking.