Interpretation Response #16-0027
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
August 18, 2016
Mr. Matthew Parker
Global Manager of Regulatory Affairs
Graham Packaging Company, L.P.
2401 Pleasant Valley Road
York, PA 17402
Reference No. 16-0027
Dear Mr. Parker:
This letter is in response to your January 20, 2016, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the design and manufacture of aerosol containers. Specifically, you request confirmation that your company’s DOT Specification 2S and non-specification aerosol containers meet the provisions of §§ 178.33b and 173.306, respectively. You also ask whether any exemptions or special permits are required to produce such containers for transportation in commerce. Your company’s aerosol container designs are described as follows:
• Your containers will be constructed of polyethylene terephthalate (PET) as prescribed in § 178.33b-5(a).
• For your DOT Specification 2S containers, the pressure will not exceed 160 psig at
54.4 °C (130 °F) as prescribed in § 173.306(a)(5)(ii). For your customers who request non-specification containers, the pressure will be less than 140 psig at 55 °C (131 °F) as prescribed in § 173.306(a)(5)(ii).
• Your DOT Specification 2S containers will be capable of withstanding without bursting a pressure of at least one and one-half times the equilibrium pressure of the contents at 54.4 °C (130 °F) as prescribed in § 173.306(a)(5)(ii).
• As prescribed in § 178.33b-8, one out of each lot of 5,000 or less of your DOT Specification 2S containers successively produced per day will be pressure tested to destruction and must not burst below 240 psig. The container tested must be complete as intended for transportation.
• You are instructing customers who fill your containers to fill and test them in accordance with the procedures prescribed in § 173.306(a)(5)(iii) through (vi) and (b)(1)(i), (ii), and (iii).
• As prescribed in § 178.33b-9, each container will be clearly and permanently marked as “DOT-2S” and with the symbol of the person making the mark. As required, your symbol will be registered with the Associate Administrator.
It is the opinion of this Office that your company’s DOT Specification 2S and non-specification aerosol containers meet the requirements of the HMR. Furthermore, no exemptions or special permits are required to produce such containers for transportation in commerce.
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
178.33b and 173.306, 178.33b-5(a), 173.306(a)(5)(ii), 173.306(a)(5)(iii) through (vi) (b)(1)(i), (ii), and (iii), 178.33b-9