{"operation":"document","citation":"05-0223","title":"United Parcel Service (UPS) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-11-30","effective_on":null,"summary":"05-0223 response to United Parcel Service (UPS) concerning 175.26.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0223.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0223.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0223","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050223.pdf","body":"<<<PAGE 1>>>\n\nof Transportatior\nJ.S. Departmen\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nNOV 30 2005\nMr. Samuel S. Elkind\nRef No. 05-0223\nCried Pare service Uds Manager\n55 Glenlake Parkway, N.E.\nAtlanta, GA 30328\nDear Mr. Elkind:\nThis responds to your September 9, 2005 letter concerning design changes planned for\nUPS drop boxes in the United States. Specifically, you ask whether your design changes\nfor the hazardous materials warning statement for your drop boxes comply with\n§ 175.26(d)(1) of the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180).\nAccording to your letter and the August 30, 2005 meeting with this Office to discuss\nUPS's preliminary design changes, you are planning to redesign your hazardous materials\nwarning statement on your U.S. drop boxes, specifically to be located on the front of the\npackage receiving chute. You do not plan to remove the statement currently posted within\nthe supply box; however, you are planning to add a new warning statement to the exterior\nof your drop boxes. Upon review of your enclosed life-size mock-ups of your proposed\ndesign changes, it is the opinion of this Office that your proposed design changes for your\nwarning statement on your drop boxes do comply with § 175.26(d)(1) requirements.\nI hope this answers your inquiry.\nSincerely,\npress\n175.26 (d)\n050223\n\n<<<PAGE 2>>>\n\nBoothe\nSEP 1 2 2005\n$175.26(d)\nNotification of HM/Air\n55 Glenlake Parkway, N.E.\n85-0223\nups\nAtlanta, GA 30328\nSeptember 9, 2005\nVIA UPS NEXT DAY AIR\nMr. John Gale\nPipeline and Hazardous Materials Safety Administration\nOffice of Hazardous Materials Standards\nU.S. Department of Transportation\n400 Seventh Street, SW\nWashington, DC 20590\nRe:\n49 CFR 175.26 - UPS Drop Box Design\nDear Mr. Gale:\nfor UPS's drop boxes within the U.S. As we stated in that meeting, UPS wishes to\nThank you for meeting with us on August 30, 2005 to discuss the design changes planned\nreceive written confirmation from your office that contemplated design changes will\nsatisfy the requirement of 49 CFR 175.26(d), governing the required hazardous materials\nwarning; or of any design changes required to satisfy that regulation.\nUPS has currently located the statement required by 49 CFR 175.26(d) prominently\ninside the supply cabinet of the drop box, reasoning that when a user selects supplies, he\nor she will immediately see the hazardous materials warning. Recent communications\nwith one FAA inspector suggest that this location may not be universally viewed as\nsatisfactory. Our plan is to take advantage of a redesign initiated for commercial reasons\nto add a hazardous materials warning statement to the front of the package receiving\nchute. While we do not plan to remove the statement posted within the supply cabinet,\nwe no longer intend to inspect for and maintain that older warning. Therefore, we will be\nrelying on the planned exterior statement, applied over the next year as we reconfigure\nthese drop boxes, to satisfy the conditions in 49 CFR 175.26(d)(1). Very similar to the\ncurrent statement, the hazardous materials warning for this redesign will read as follows:\nNOTICE: Hazardous Materials/Dangerous Goods, including Other\nRegulated Materials (ORM-D), are NOT ACCEPTED at this UPS Drop\nBox.\nOne concern with the standard of prominence identified in §175.26(d)(1) is that, by its\nnature, it is subjective. Therefore, we wish to establish definitively that, in the view of\nour office, the design change selected in our project satisfies the requirements o\n175.26(d)(1). To facilitate that confirmation, we are delivering to you for evaluatic\nlife-size mock-ups of the proposed changes. Because our designs are confidential\n\n<<<PAGE 3>>>\n\nMr. John Gale\nPage 2\nanother for drop boxes typically located outdoors. Revised decals will be applied to both\nAs you will see, there are two distinct designs, one for drop boxes stationed indoors, and\ntypes of drop boxes, with the following features:\nIndoors Type:\n• Statement is positioned on a clearly visible portion of package receiving\nchute.\n• Chute decal dimensions are approximately 11.5\" high × 23\" wide\n• Type face for critical text is white, on background of dark brown.\n.\nRelevant type size - 4mm (upper case letters)\nOutdoors Type:\n• Statement is positioned on a clearly visible portion of package receiving\nchute, below the handle used to open the chute.\n• Chute decal dimensions are approximately 7.25\" high × 23.25\" wide\n• Type face for critical text is white, on background of dark brown.\n• Relevant type size - 4mm (upper case letters)\nOur replacement project will affect all UPS drop boxes across the country, approximately\n40,000, and is being undertaken at considerable but commercially justifiable expense.\nHowever, we obviously do not wish to repeat the exercise because of interpretive\ndisagreements related to the hazardous materials warning.\nWe would be grateful to receive your written interpretation of the compliance of our\ndesign plan with the applicable regulation; or of specific design changes required to bring\nthe design into compliance. If you have any questions, you may reach me at (404) 828-\n7368 or by e-mail at selkind@ups.com.\nSincerely,\nSamuel S. Elkind\nCorporate Regulated Goods Manager\nEnclosures","truncated":false,"body_characters":5282}