TEN-E Packaging Services, Inc. — Hazardous Materials Safety Interpretation

Page 1Mr. Robert J. Ten Eyck Ref. No. 06-0030 Director, Technical Services TEN-E Packaging Services, Inc. 1666 County Road 74 Newport, MN 55055 Dear Mr. Ten Eyck: This is in response to your December 14, 2005 letter requesting clarification regarding the emergency response telephone number requirements for hazardous materials as specified under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your scenario, you are a third party test lab that performed a test on a packaging containing a hazardous material that was shipped to you by your client. Specifically, you ask if the HMR allow for you to ship the hazardous material back to your client using the client's emergency response telephone number. In the scenario provided, you may use your client's emergency response telephone number by arrangement or agreement with the client. If the client uses a third party to provide emergency response telephone service, the third party provider must recognize that you are authorized to provide its telephone number on the shipping paper. I hope this information is helpful. "Stile 4 Ho Hattie L. Mitchell, Chief Pie or ario and reia standards 172.604(6) 173.22 060030#

Page 2Susan Gorsky U.S. DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Standards PHH-10 400 7* Street S.W. Washington, DC 20590-0001 Ref. No.: 04-0274 Dear Susan: TEN-E Packaging Services, Inc. is an independent testing laboratory recognized by DOT as a third party testing agency for conducting UN certification testing on non-bulk and IBC packaging. On occasion the company performs certain tests that require the client to send actual dangerous goods for the certification work. For instance a client may contract with TEN-E to perform a DOT Appendix B compatibility test or a UN certification test on a combination packaging with inner aerosol cans that make it impractical to certify the packaging without working with the actual product. As a part of its contract with the client, TEN-E returns the product to the client for re-work or disposal. TEN-E has always sought client approval to employ the same emergency response telephone number for the return shipment as that employed by the client for its initial shipment of dangerous goods to TEN-E. With reference to a recent letter of clarification, Ref. No.:04-0274, TEN-E believes that its use of the client's emergency response telephone number would be recognized by the agency as being in compliance with Title 49 CFR as outlined in Question and Answer #4 of the written interpretation. TEN-E would however appreciate having DOT comment on whether or not TEN-E's use of the client's emergency response telephone number meets the requirements of Title 49 CFR. Sincerely, Robert.i. Ten Eyck 102 Director, Technical Services TEN-E Packaging Services, Inc. TEN-E Packaging Services, Inc. 1666 County Road 74 326 N Corona Avenue Newport, MN 55055 Ontario, CA 91764 Phone: 651-459-0671 Phone: 909-937-1260 Fax: 651-459-1430 Fax: 909-937-1260 Email: info@ten-e.com Email: info@ten-e.com Web: www.ten-e.com Web: www.ten-e.com UNITED STATES - MN UNITED STATES - CA#