{"operation":"document","citation":"09-0097","title":"Moeller Marine Products, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-06-10","effective_on":null,"summary":"09-0097 response to Moeller Marine Products, Inc. concerning 173.24, 178.503.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0097.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0097.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0097","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090097.pdf","body":"<<>>\n\nU.S. Department of Transportation\nPipeline. and Hazardous Materials\nSafe A rn' i tration\nJQ 1t !kg\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Earnie Cook\nDirector of Technical Services\nMoeller Marine Products, Inc.\nNorth Spring Street\nSparta, TN 38583\nRef. No. 09-0097\nDear Mr. Cook:\nThis responds to your April 28,2009 email requesting clarification of the applicability of\ncertain requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 -\n180). You provide results of your product packaging tested in accordance with the non-bulk\nperformance-oriented packaging testing requirements in Part 178, Subpart M. Your\nquestions are paraphrased and answered as follows:\nQ1. Is a special permit required for a packaging that has successfully passed the tests\nprescribed in Part 178, Subpart M of the HMR?\nAl. No. A special permit is not required for a packaging successfully tested in accordance\nwith Part 178, Subpart M and capable of conforming to the general packaging requirements\nof 5 173.24 while in transportation.\nQ2. Does PHMSA issue a certificate indicating successful testing in accordance with Part\n178, Subpart M of the HMR?\nA2. No. In accordance with $ 178.503, it is the manufacturer's responsibility to properly\nmark every packaging that is represented as being manufactured to meet a UN standard. This\nmarking is the manufacturer's certification that the packaging conforms to the applicable UN\nstandard. We note that for the 29-gallon container, the packaging identification code in the\nmarking presented in the test results should not include a \" W unless required by an approval\nunder 5 178.601 (h). Additionally, for both the 14- and 29-gallon containers, the marking\nmust include the year of manufacture as required by 5 178.503.\n43. Are our employees required to be trained?\nA3. Yes. Those employees considered hazmat employees as defined in 5 17i .8 must be\ntrained in accordance with Part 172, Subpart H of the HMR. Hazmat employees include\nindividuals who design, manufacture, fabricate, inspect, mark, maintain, recondition, repair,\nor test a package that is represented, marked, certified, or sold as qualified for use in\ntransporting hazardous material in commerce.\n\n<<>>\n\n44. If a special permit is not required and PHMSA does not issue a certificate, can we begin\nmanufacturing once training of our hazmat employees is complete?\nA4. PHMSA does not place restrictions on when you may or may not manufacture\npackaging. However, no person may, by marking or otherwise, represent that a container or\npackage for transportation of a hazardous material is safe, certified, or in compliance with the\nHMR unless it meets all applicable regulations (9 171.2G)). Additionally, each hazmat\nemployee who performs a h c t i o n subject to the HMR (such as those described in A3) may\nnot perform that function unless instructed in the requirements of the HMR that apply to that\nfunction. A hazmat employee may perform a job function prior to completion of training\nprovided the employee performs the function under the direct supervision of a properly\ntrained and knowledgeable hazmat employee and the training is completed within 90 days\nafter employment or a change in job function. See 5 172.702(b).\nSincerely.\nCharles E. Betts\nChief, Standards Development\ne of Hazardous Materials Standards\n\n<<>>\n\nPage 1 of 2\n&r Krnderevl\nDrakeford,\n2178. LOO: 6b9 a P a r S M\nCarolyn cPHMSA>\n- - %**\\ 3\nFrom: Betts, Charles \nSent: Tuesday, April 28,2009 12:37 PM\nTo: Drakeford, Carolyn \nCc: Mazzullo, Ed ; Gorsky, Susan \nSubject: FW: Product Review Group I1 Container tested under 49 CFR 178 Subpart M\nImportance: High\nAttachments: MM220-Gas Walker Sell Sheet.pdf; 18390-1 GW14 Test Report.pdf; 18381-1 29GW Test\nReport. pdf\nCarolyn please log in for assignment this request for interpretation.\nThanks,\nCharles\nFrom: ECook@moellermarine.com [mailto:ECook@moellermarine.com]\nSent: Tuesday, April 28, 2009 12:07 PM\nTo: INFOCNTR \nCc: Betts, Charles ; Mazzullo, Ed \nSubject: Product Review Group I1 Container tested under 49 CFR 178 Subpart M\nGood Day Mr. Ed Mazzullo and Mr. Charles Betts,\nI have a few questions related to a new product my organization is preparing to produce. I hope this e-\nmail is directed to the correct parties within US DOT.\nWe recently purchased a company named Tempo Products, which produced a 14 gallon & 29 gallon\nportable gas dock, A.K.A - \"Gas Walkers\" It was our understanding these products complied with the 49\nCFR 178 Subpart M. In order to cover our internal liability on new product introduction we\nmanufactured a limited production run of 14 gallon & 29 gallon Gas Walkers, for 3rd party testing.\nThose test reports are attached to this e-mail for US DOT review.\nThe questions are:\nSince our 14 & 29 gallon Gas Walkers passed the 49 CFR 178 Subpart M, is a Special Permit\nRequired?\nDoes USDOT issue a certificate indicating our product meets the 49 CFR 178 Subpart M?\nWe will be required to train our employees to the \" Hazmat Employee\" requirements within 49\nCFR?\nIf a Special Permit is not required and USDOT does not issue a certificates, if training is required\n-once completed Moeller can begin manufacturing ?\nSee the attached product sell sheet and test reports performed.\n(See attachedfile: MM220 Gas Walker Sell Sheet.pdJ (See attachedjile: 18390-1 G W14 Test\nReport.pdJ (See attached file: 18381 -1 29G W Test Report.pdJ\n\n<<>>\n\nPage 2 of 2\nPlease advise as soon as possible. Thank you for your time..\nEarnie Cook\nDirector of Technical Services\nMoeller Marine Products\nSparta , TN Facility\nPhone. 1.800.432.8344 ext. 248\nCell 1.931.434.5161\ne-mail. ecook@moellermarine.com\nThis message and any files transmitted with it contain privileged and confidential information. This\nmessage is intended only for the use of the individual or entity to whom it is addressed. If you are not\nthe intended recipient, or an employee or agent responsible for delivering this message to the intended\nrecipient, you are hereby notified that any disclosure, dissemination, distribution, copying, or\nexploitation of, or taking any action in reliance on the contents of this message is strictly prohibited. If\nyou have received this message in error, please notify the sender by email reply and delete this message\nfrom your system. Thank you.","truncated":false,"body_characters":6386}