{"operation":"document","citation":"13-0241","title":"S.C. Johnson & Son, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-03-18","effective_on":null,"summary":"13-0241 response to S.C. Johnson & Son, Inc. concerning 173.156, 173.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0241.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0241.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0241","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130241.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAR 1 8 2014\nS.C. Johnson & Son, Inc.\n1525 Howe Street\nMS 306, A TIN: Georgia Barr\nRacine, WI 53403\nRef. No. 13-0241\nDear Ms. Barr:\nThis responds to your December 11, 2013 request for clarification of the packaging\nrequirements for a consumer commodity under the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). Specifically, you ask for clarification on the definition of a tray as is\nreferenced in a previous letter of interpretation (Ref. No. 07-0162).\nAccording to your letter you want to use a re-useable package for transportation between your\nmanufacturing plants and your contract manufacturers or co-packers. There-useable package\nwould be made of corrugate or plastic and would have two full sides, a bottom, and would\nhave stretch wrap as the overpack in accordance with § 173.25 to consolidate the inner\npackages. A previous letter oflnterpretation (Ref. No. 07-0162) defined a tray as referenced\nin § 173 .156(b )(2) as, \"a shallow flat receptacle with a raised edge or rim used to carry, hold,\nor display articles.\" Furthermore, you ask if in order to be considered a tray, must all four\nsides have some type of raised edge. You seek confirmation that your re-useable package\nmeets the criteria for a tray.\nA tray may be composed of any material that is compatible with the lading provided it meets\nall other applicable requirements prescribed in § 173.156. The HMR do not require a tray to\nhave four raised sides; however, the raised edges must be sufficient to contain the inner\npackaging. It is the opinion of this office that your re-useable package with two raised edges\nmeets the definition of a tray.\nI hope this answers your inquiry. If you need additional assistance, please contact this office\nat (202) 366-8553.\nSincerely,\nj?k2J._h\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Wednesday, December 11,2013 3:51PM\nDrakeford, Carolyn (PHMSA)\nFW: PHSMA interpretation request 49 CFR 173.156 - Original request marked Confidential per\n49 CFR 105.30\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Barr, Georgia [mailto:GBarr@SO.COM]\nSent: Wednesday, December 11, 2013 10:54 AM\nTo: INFOCNTR (PHMSA)\nCc: Barr, Georgia\nSubject: PHSMA interpretation request 49 CFR 173.156- Original request marked Confidential per 49 CFR 105.30\nConfidential Request:\nDear PHSMA,\nS.C. Johnson & Son, Inc. is a consumer products manufacturer. Much of our product line consists of goods that\nare eligible for the consumer commodity exceptions that are in effect until December 31, 2020.\nWe are looking at a confidential new concept for a re-usable package for transportation between our\nmanufacturing plants and our contract manufacturers or co-packers. Confidential per 49 CFR 105.30\nThe confidential concept is a re-usable package that would be made of corrugate or plastic and would have two\nfull sides, a bottom, and would have stretch-wrap as the over pack to consolidate the inner\npackages. Confidential per 49 CFR 105.30\nIn reference to 49 CFR 173.156 exceptions for ORM-D materials and PHSMA interpretation 07-0162's definition of a tray:\n\"A shallow flat receptacle with a raised edge or rim used to carry, hold, or display articles:\"\nIn order to qualify as a tray, do all four sides need to have some type of raised edge?\nDoes our proposed concept of a re-usable package meet the criteria for a tray? Confidential per 49 CFR 105.30\nThank you for your consideration.\nGeorgia Barr\nLead, Business Services,Technical Services, & Compliance\nS.C. Johnson & Son, Inc\ngbarr@scj.com\n262-260-3456\n1\n\n<<<PAGE 3>>>\n\nNon-confidential second copy request:\nDear PHSMA,\nS.C. Johnson & Son, Inc. is a consumer products manufacturer. Much of our product line consists of goods that\nare eligible for the consumer commodity exceptions that are in effect until December 31, 2020.\nIn reference to 49 CFR 173.156 exceptions for ORM-D materials and PHSMA interpretation 07-0162's definition of a tray:\n\"A shallow flat receptacle with a raised edge or rim used to carry, hold, or display articles:\"\nIn order to qualify as a tray, do all four sides need to have some type of raised edge?\nGeorgia Barr\nLead, Business Services,Technical Services, & Compliance\nS. C. Johnson & Son, Inc\ngbarr@scj.com\n262-260-3456\n2","truncated":false,"body_characters":4550}