{"operation":"document","citation":"02-0139","title":"Neeley Sales Co. Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-07-18","effective_on":null,"summary":"02-0139 response to Neeley Sales Co. Inc. concerning 178.503.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0139.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0139.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0139","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020139.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nAdministration\nJUL 18 2003\nMr. Jason Perrone\nRef. No.: 02-0139\nNeeley Sales Co. Inc.\nP.O. Box 523\nHighway 25 South\nGreenwood, South Carolita 29648\nDear Mr. Perrone:\nThis responds to your letter regarding self-certification of packages initially tested and certified by an\nindependent laboratory. We apologize for the delay in responding and hope it has not caused any\ninconvenience.\nYou stated that your company imports and distributes 1.4G consumer fireworks. These fireworks are\npackaged in fiberboard boxes for purposes of transportation. The boxes were constructed, tested and\ncertified by an independent laboratory, and remained unchanged for the past ten years. The boxes\nhave been periodically recertified by other laboratories. Since all of the specifications are the same,\nwhen the boxes are made again, you would like to perform the appropriate performance tests, and print\nyour company's name on the box as the box certifier. You ask if there is any prohibition against self-\ncertifying UN performance-oriented packagings.\nThe answer is no. A manufacturer is defined as the person whose name and address or symbol\nappears as part of the specification markings required in Part 178 or, for a packaging marked with the\nsymbol of an approval agency, the person on whose behalf the approval agency certifies the packaging.\nIn this context, a manufacturer may or may not be the actual fabricator of the packaging. The mark\nmay or may not represent the person or party who makes the packaging or conducts the performance\ntype and complies with all applicable requirements of Part 178. If a customer is willing to assume\nresponsibility for certifying compliance, a packaging fabricator may fabricate a packaging to a tested\nUN standard, but not place any packaging certification marks on the packaging. The customer would\nthen self-certify as the manufacturer by placement of the complete required UN standard marking on\n178,503\n020139\n\n<<<PAGE 2>>>\n\nthe packaging. To satisfy the UN certification marking requirements of § 178.503(a)(8), at the direction\nof the customer, a packaging manufacturer may mark the packaging with the customer's name and\naddress or symbol, if used. (See §§ 178.2(e) and178.503)\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nthoa Dog\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n* 2-1\nNEELEY SALES CO. INC.\n§Engrum\n.503\nP.O. BOX 523, HWY. 25 SOUTH\nGREENWOOD, SOUTH CAROLINA 29648\nMarking\nTELE:864-223-6636 FAX. 864-223-2264\n5-7-02\n02-0139\nATTN: Ed Mazzullo\nOffice of HazMat Standards\nDear Mir. Mazzullo,\nI have just spoken with Christine Whitney in the Dept. of Approvals\nand she said that perhaps you could help me solve a problem I am having\ninterpreting a portion of 49CFR.\nOur company imports and distributes 1.4g consumer fireworks. We\nuse cardboard boxes to transport our assortments. These boxes have\nremained unchanged for at least the past ten years. When they were\ninitially constructed they were tested and certified by an independent lab.\nThey have been periodically recertified in other labs at a significant cost.\nSince all of the specs are the same, when we have these boxes made again\nit would be much simpler and cheaper to have our company name printed\non the cartons as the box certifier and perform the appropriate tests\nourselves instead of paying other people to-do it.\nThe problem is that every box company I have spoken with is\nhesitant to make boxes for us because they have not heard of self-\ncertification or eise they believe it is a misinterpretation of 49CFR. I\nbelieve if you were to explain the policy and point out relevant sections of\nthe regulations that these companies would be much more at ease. Several\ncompanies have mentioned that they feel that even If our name appeared\n1000\n\n<<<PAGE 4>>>\n\non the box that they could somehow be held liable as the manufacturer.\nAlthough I have cited the regulations and provided literature from the\nAmerican Pyrotechnics Association, my say-so just doesn't have a very\nauthoritative ring to it.\nI would certainly appreciate a letter that conveys the essence of\nrecertification as quickly as your schedule permits.\n:\nThank wou,\nJason Perrone\nPer\n7000\nDNI OO SEYS ATTEN","truncated":false,"body_characters":4422}