{"operation":"document","citation":"11-0259","title":"ENPAC, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-12-22","effective_on":null,"summary":"11-0259 response to ENPAC, LLC concerning 172.702, 178.503, 178.601.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0259.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0259.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0259","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110259.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department Washington. DC 20590\n1200 New Jersey Avenue SE\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDEC 2 2 2011\nTimothy Reed\nChief Financial Officer\nENPAC,LLC\n34355 Vokes Drive\nEastlake, OH 44095\nReference No.: 11-0259\nDear Mr. Reed:\nThis is in response to your October 18, 2011 letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask several\nquestions pertaining to the M number marking on a packaging, training of subcontractors,\nand design qualification testing of a packaging. Your questions are paraphrased and\nanswered as follows:\nQ1. Should an M number assigned to your company be used for packagings manufactured\nby a subcontractor?\nA1. Another company cannot use an M number assigned to your company. In accordance\nwith § 178.503(a)(8), if a subcontractor manufactures your company's packagings, they\nmust mark the packaging with their name and address, ifpermitted for the particular type\nof packaging, or they must mark the packaging with an M number issued to them.\nQ2. Who is responsible for the required hazmat training of a subcontractor's employees?\nA2. In accordance with §172.702(a), the hazmat employer is responsible for ensuring that\neach of its hazmat employees is trained. However, § 172. 702( c) provides flexibility on\nwho can provide the training. The training may be provided by your company, the\nsubcontractor, or by some other public or private source.\nQ3. Should the subcontractor obtain an M number and should the packagings be marked\nwith the subcontractor's M number?\nA3. See AI.\nQ4. Is design qualification testing of the packaging required when a subcontractor begins\nproduction?\n\n<<<PAGE 2>>>\n\nA4. Section 178.601(c)(I) defines \"design qualification testing\" as testing for each new or\ndifferent packaging at the start of production ofthat packaging. The use of a subcontractor\nto manufacture an existing packaging does not render the packaging \"new\" or \"different.\"\nTherefore, if the packaging has already passed design qualification testing, a subcontractor\nis not required to conduct the tests at the start ofproduction ofthe same packaging. This\ndoes not, however, relieve the responsibility for conducting the periodic retesting required\nby §178.601 (e) ofthe packagings manufactured by the subcontractor.\nQ5. Is design qualification testing ofthe packaging required for each change of\nsubcontractors?\nA5. See A4.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSOl:1ti' ·\nDelmer Billings ~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nENPAC, L.L.C.\nOctober 18, 2011\nUS Dept of Transportation\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10 East Building\n1200 New Jersey Avenue, Southeast\nWashington, D.C. 20590-0001\nTo Whom It May Concern:\nENPAC would like to have a formal interpretation made regarding the proper M number\nto use on the marking of a product. ENPAC is planning on outsourcing one of its\nproducts to a subcontractor to manufacture. ENPAC will continue to own the\nmold/tooling used to manufacture the product and will train the manufacturer on how to\nmanufacture the products. The subcontractor will purchase the materials needed and\nprovide the value added (labor). Testing of the product will be made by an independent\ntesting facility. The following questions need to be interpreted:\n. 1. Should the packaging use an M number assjgne~ to ENPAC for the subcontractor's\naddress since ENPAC owns the mold?\n2. Who is responsible for the hazmat training of the subcontractor's employees? Is it\nbased on the M number used on the packaging?\n3. Should the subcontractor obtain an M number and should the packaging be marked\nusing the subcontractor's M-number since the labor is provided by the subcontractor?\n4. Is design qualification testing required for the change to a subcontractor even though\nthe same resin will be used?\n5. Is design qualification testing required for each change of subcontractors even though\nthe same resin will be used?\nIf you have any questions, call me at your convenience at (440) 975-0070, x334 or email\nme at timr@enpac.com. Thank you for your assistance in this matter.\nSincerely,\nTimothy Reed\nChief Financial Officer\nENPAC, LLC\n. . . . . . . . .. . ... . ... . . . . .... ..\n34355 VOKES DRIVE, EASTLAKE, OHIO 44095 PH (440)975-0070 FAX (440)975-0047","truncated":false,"body_characters":4421}