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

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington, D.C. 20590 MAR 0 1 2011 Mr. Robert J. Ten Eyck Director, Technical Services TEN-E Packaging Services, Inc. 1666 County Road 74 Newport, MN 55055 Ref. No. 11-0041 Dear Mr. Ten Eyck: This responds to your February 16, 2011 letter regarding the proper marking of an approved packaging design having different specifications than those prescribed in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the letter "W" should immediately follow the packaging identification code" 1 G" marked on a fiber drum packaging approved under the provisions in § 178.601(h). You state the approval was issued. l;>ecause the fiber drum design did not meet the construction standards prescribed in § 178.508 and did not specifically direct the packaging manufacturer to apply the "W" mark as part of the UN marking. The answer is yes. A packaging having specifications different from those prescribed in §§ 178.504-178.523 may be used if approved by the Associate Administrator. Such packagings must be shown to be equally effective as those prescribed. See § 178.601(h). Furthermore, as specified in § 178.503(a)(2), the letter "W" must follow the packaging identification code on such packagings when required by an approval under the provisions of § 178.601(h). Although your client's approval does not specifically mandate the "W" mark be applied, nothing in the HMR prohibits indicating it in the appropriate position as part of its UN marking. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2IFebruary 16, 2011 , I Charles Betts IU.S. DEPARTMENT OF TRANSPORTATION ! Pipeline and Hazardous Materials Safety Administration I Standards &Rulemaking PHH-10 I 1200 New Jersey Avenue, S. E. ! Washington, D.C. 20590 IDear Charles: I,' TEN-E Packaging Services is writing to request a clarification as to when it is appropriate to apply the "W" mark to a UN packaging. We recently assisted a client with obtaining a competent authority approval to manufacture a drum that did not Imeet the construction standards for fiber drums found in Section 178.508 of Title 49 CFR. The competent authority I approval did not specifically direct the container manufacturer to apply the "W" mark as a part of the UN marking; however I it is our understanding that based on the wording of Sections 178.601 (h) Approval of equivalent packagings and i 178.503(a)(2) Marking of packagings that the "W" mark should be employed even though it is not being called for in the I competent authority approval. ! I i Your guidance on this container marking issue is greatly appreciated. ISincerely, I I I OirecluT,'f'.,..... "._. I Tp,.F; Pudlll~nA s"n·ic... "" 1m'. li j TEN-E Packaging Services, Inc. I 1666 County Road 74 ! Newport. MN 55055 I Phone: 651-459-0671 Email: info@ten-e.com i Fax: 651-459-1430 Web: www.ten-e.com -··UNil:ED-STA:rEs-~··i\lft\r-----·-·-#