{"operation":"document","citation":"13-0023","title":"Chevron Phillips Chemical Company LP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-02-25","effective_on":null,"summary":"13-0023 response to Chevron Phillips Chemical Company LP concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0023.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0023.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0023","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130023.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFEB 2 5 2013\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. T. Bradley Vance\nTraffic Manager\nAmerican Ordnance, LLC\nIowa Army Ammunition Plant\n17575 Highway 79\nMiddletown, lA 52638\nRef. No.: 13-0023\nDear Mr. Vance:\nThis is in response to your January 16, 2013 letter requesting clarification of the marking of\npackaging under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you seek clarification of§ 178.503(a)(6), which stipulates that a packaging\nmust be marked with the last two digits of the year of manufacture. It is your understanding\nthat that the \"year of manufacture\" is the year that packaging is produced; whereas, it is your\ncustomer's understanding that \"year of manufacture\" is the year that the hazardous materials\nare placed in the packaging.\nYour understanding is correct. Year of manufacture, as referenced in§ 178.503(a)(6), and\nindicated in the certification marking, is the year in which the packaging is produced. With\ncombination or composite packaging, the year of manufacture may be the year in which the\npackaging is produced or the year in which the packaging is assembled (i.e., inner\npackagings such as liners or forms are placed in the outer packaging). \"Packaging\" is\ndefined in § 171.8 as a receptacle and any other components or materials necessary for the\nreceptacle to perform its containment function in conformance with the minimum packing\nrequirements of the HMR. \"Package\" is defined in§ 171.8 as a packaging plus its contents.\nSection 178.503 pertains to marking of\"packagings\" not \"packages.\"\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n~\n~~\nAmerican Ordnance\nAmerican Ordnance LLC\nIowa Army Ammunition Plant\n17575 Hwy 79\nMiddletown lA 52638-9701\n(319) 753-7114\ninfo@aollc.biz\nJanuary 16, 2013\nMr. Charles E. Betts\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Betts,\nWe have a customer giving us an interpretation of 178.503(a)(6), which does not match my understanding of the\nregulation.\nIt is my understanding the year of manufacture means when the container is initially produced. Our customer,\nwho accepts responsibility for certifying the packaging, believes the year of manufacture is when the hazardous\nmaterials are placed in the container. Our customer provides us a drawing illustrating the container filled with\nthe hazardous material and indicating the location of the POP marking. Our customer feels this drawing defines\nthe configuration to which the term \"manufacture\" applies [178.503(a)(6)].\nAn example would be we receive from a vendor a container initially produced in 2012. In 2013 we load the\ncontainer with the inner pack and hazardous material. We believe the POP marking should have \"12\" as the year\nof manufacture and our customer feels the container is not complete until fully loaded and the POP mark should\nhave \"13\" as the year of manufacture. Please clarify the correct year of manufacture to mark on the container.\nThank you in advance for your assistance.\nSincerely,\n~;;;?~£~--~~-\nT. Bradley Vance\nTraffic Manager\nAmerican Ordnance LLC\nPhone: (319) 753-7408\nCell: (319) 572-0342\nEmail: bvance@aollc.biz","truncated":false,"body_characters":3498}