Neeley Sales Co. Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and Administration JUL 18 2003 Mr. Jason Perrone Ref. No.: 02-0139 Neeley Sales Co. Inc. P.O. Box 523 Highway 25 South Greenwood, South Carolita 29648 Dear Mr. Perrone: This responds to your letter regarding self-certification of packages initially tested and certified by an independent laboratory. We apologize for the delay in responding and hope it has not caused any inconvenience. You stated that your company imports and distributes 1.4G consumer fireworks. These fireworks are packaged in fiberboard boxes for purposes of transportation. The boxes were constructed, tested and certified by an independent laboratory, and remained unchanged for the past ten years. The boxes have been periodically recertified by other laboratories. Since all of the specifications are the same, when the boxes are made again, you would like to perform the appropriate performance tests, and print your company's name on the box as the box certifier. You ask if there is any prohibition against self- certifying UN performance-oriented packagings. The answer is no. A manufacturer is defined as the person whose name and address or symbol appears as part of the specification markings required in Part 178 or, for a packaging marked with the symbol of an approval agency, the person on whose behalf the approval agency certifies the packaging. In this context, a manufacturer may or may not be the actual fabricator of the packaging. The mark may or may not represent the person or party who makes the packaging or conducts the performance type and complies with all applicable requirements of Part 178. If a customer is willing to assume responsibility for certifying compliance, a packaging fabricator may fabricate a packaging to a tested UN standard, but not place any packaging certification marks on the packaging. The customer would then self-certify as the manufacturer by placement of the complete required UN standard marking on 178,503 020139#

Page 2the packaging. To satisfy the UN certification marking requirements of § 178.503(a)(8), at the direction of the customer, a packaging manufacturer may mark the packaging with the customer's name and address or symbol, if used. (See §§ 178.2(e) and178.503) I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, thoa Dog Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 3* 2-1 NEELEY SALES CO. INC. §Engrum .503 P.O. BOX 523, HWY. 25 SOUTH GREENWOOD, SOUTH CAROLINA 29648 Marking TELE:864-223-6636 FAX. 864-223-2264 5-7-02 02-0139 ATTN: Ed Mazzullo Office of HazMat Standards Dear Mir. Mazzullo, I have just spoken with Christine Whitney in the Dept. of Approvals and she said that perhaps you could help me solve a problem I am having interpreting a portion of 49CFR. Our company imports and distributes 1.4g consumer fireworks. We use cardboard boxes to transport our assortments. These boxes have remained unchanged for at least the past ten years. When they were initially constructed they were tested and certified by an independent lab. They have been periodically recertified in other labs at a significant cost. Since all of the specs are the same, when we have these boxes made again it would be much simpler and cheaper to have our company name printed on the cartons as the box certifier and perform the appropriate tests ourselves instead of paying other people to-do it. The problem is that every box company I have spoken with is hesitant to make boxes for us because they have not heard of self- certification or eise they believe it is a misinterpretation of 49CFR. I believe if you were to explain the policy and point out relevant sections of the regulations that these companies would be much more at ease. Several companies have mentioned that they feel that even If our name appeared 1000#

Page 4on the box that they could somehow be held liable as the manufacturer. Although I have cited the regulations and provided literature from the American Pyrotechnics Association, my say-so just doesn't have a very authoritative ring to it. I would certainly appreciate a letter that conveys the essence of recertification as quickly as your schedule permits. : Thank wou, Jason Perrone Per 7000 DNI OO SEYS ATTEN#