{"operation":"document","citation":"11-0041","title":"TEN-E Packaging Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-03-01","effective_on":null,"summary":"11-0041 response to TEN-E Packaging Services, Inc. concerning 178.503, 178.508, 178.523, 178.601.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0041.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0041.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0041","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110041.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMAR 0 1 2011\nMr. Robert J. Ten Eyck\nDirector, Technical Services\nTEN-E Packaging Services, Inc.\n1666 County Road 74\nNewport, MN 55055\nRef. No. 11-0041\nDear Mr. Ten Eyck:\nThis responds to your February 16, 2011 letter regarding the proper marking of an approved\npackaging design having different specifications than those prescribed in the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the letter\n\"W\" should immediately follow the packaging identification code\" 1 G\" marked on a fiber drum\npackaging approved under the provisions in § 178.601(h). You state the approval was issued.\nl;>ecause the fiber drum design did not meet the construction standards prescribed in § 178.508\nand did not specifically direct the packaging manufacturer to apply the \"W\" mark as part of the\nUN marking.\nThe answer is yes. A packaging having specifications different from those prescribed in\n§§ 178.504-178.523 may be used if approved by the Associate Administrator. Such packagings\nmust be shown to be equally effective as those prescribed. See § 178.601(h). Furthermore, as\nspecified in § 178.503(a)(2), the letter \"W\" must follow the packaging identification code on\nsuch packagings when required by an approval under the provisions of § 178.601(h). Although\nyour client's approval does not specifically mandate the \"W\" mark be applied, nothing in the\nHMR prohibits indicating it in the appropriate position as part of its UN marking.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nIFebruary 16, 2011\n,\nI Charles Betts\nIU.S. DEPARTMENT OF TRANSPORTATION\n! Pipeline and Hazardous Materials Safety Administration\nI Standards &Rulemaking PHH-10\nI 1200 New Jersey Avenue, S. E.\n! Washington, D.C. 20590\nIDear Charles:\nI,' TEN-E Packaging Services is writing to request a clarification as to when it is appropriate to apply the \"W\" mark to a UN\npackaging. We recently assisted a client with obtaining a competent authority approval to manufacture a drum that did not\nImeet the construction standards for fiber drums found in Section 178.508 of Title 49 CFR. The competent authority\nI approval did not specifically direct the container manufacturer to apply the \"W\" mark as a part of the UN marking; however\nI it is our understanding that based on the wording of Sections 178.601 (h) Approval of equivalent packagings and\ni 178.503(a)(2) Marking of packagings that the \"W\" mark should be employed even though it is not being called for in the\nI competent authority approval.\n!\nI i Your guidance on this container marking issue is greatly appreciated.\nISincerely,\nI\nI I OirecluT,'f'.,..... \"._.\nI Tp,.F; Pudlll~nA s\"n·ic... \"\" 1m'.\nli j\nTEN-E Packaging Services, Inc.\nI 1666 County Road 74\n! Newport. MN 55055\nI Phone: 651-459-0671 Email: info@ten-e.com\ni Fax: 651-459-1430 Web: www.ten-e.com\n-··UNil:ED-STA:rEs-~··i\\lft\\r-----·-·-","truncated":false,"body_characters":3171}