{"operation":"document","citation":"15-0082","title":"Schlumberger Technology Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-07-29","effective_on":null,"summary":"15-0082 response to Schlumberger Technology Corporation concerning 178.503.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0082.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0082.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0082","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150082.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington. DC\n1200 New Jersey Avenue SE\n20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUL 2 9 2015\nPaul Lezak\nSchlumberger Technology Corporation\n14910 Airline Road\nRosharon, TX 77583\nRef. No: 15-0082\nDear Mr. Lezak:\nThis responds to your April 27, 2015 letter requesting clarification on the marking\nrequirements for non-bulk, performance-oriented packaging (e.g., UN 4G fiberboard boxes)\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically,\nyou have asked which entity should mark the packaging with their name and address or\nsymbol to comply with the packaging certification requirement under § 178.503(a)(8). Your\nquestions have been paraphrased and answered as follows.\nQ1. Does the HMR allow your company, a manufacturer and shipper of hazardous\nmaterials, to mark the non-bulk, performance-oriented packagings with the markings\nrequired under § 178.503(a)(8)?\nAl. Yes. Under § 178.503(a)(8), a packaging conforming to a UN standard must be\nmarked with the \"name and address or symbol of the manufacturer or the\napproval agency [emphasis added] certifying compliance with subpart L and\nsubpart M of this part.\" The marking per § 178.503(a)(8) indicates the responsible\nparty who certifies that the packaging was manufactured to a successfully-tested\ndesign type and complies with all applicable requirements of Part 178. Under\n§ 178.2, \"manufacturer\" is defined as \"the person whose name and address or\nsymbol appears as part of the specification markings required by this part [Part 178]\nor, for a packaging marked with the symbol of an approval agency, the person on\nwhose behalf the approval agency certifies the packaging.\" Thus, according to this\ndefinition, your company could be the \"manufacturer,\" as the manufacturer may or\nmay not be the actual \"fabricator\" of the packaging (e.g., the entity that physically\nmanufactures the UN 4G fiberboard boxes).\nWhile your company may not be the actual fabricator of the packaging, your\ncompany is able to \"self-certify\" by marking the packaging in conformance with the\ncertification requirement in § 178.503(a)(8). Alternatively, at the direction of your\ncompany, the packaging fabricator could mark the packaging on your behalf with\nyour company's name and address or symbol. Please see the enclosed Letter of\nInterpretation (Ref. No. 02-0139) for additional information on the self-certification\nof packagings.\n\n<<<PAGE 2>>>\n\nIn addition, the HMR allows for an approval agency (i.e., a DOT-recognized, \"UN\nThird-Party Packaging Certification Agency\" as described in § 107.402(c)) to mark\nand certify the packaging. In order to be designated and approved as a UN Third-\nParty Packaging Certification Agency, an organization or person must apply to the\nAssociate Administrator in accordance with the instructions and requirements in Part\n107, Subpart E-—Designation of Approval and Certification Agencies. A DOT-\nrecognized, UN Third-Party Packaging Certification Agency would be assigned a\nunique symbol, beginning with a plus sign (\"+\").\nTherefore, under § 178.503(a)(8), your company may mark and certify the packaging\nas the manufacturer (as defined in § 178.2). The fabricator could also mark the\npackaging on your company's behalf with your company's name and address or\nsymbol. In addition, a DOT-recognized, UN Third-Party Packaging Certification\nsymbol.\nAgency may mark and certify the packaging as the approval agency using its unique\nPlease note that under § 178.3(a)(2), \"Symbols, if used, must be registered with the.\nAssociate Administrator. Unless authorized in writing by the holder of the symbol,\nsymbols must represent either the packaging manufacturer [as defined in § 178.2] or\nthe approval agency responsible for providing the most recent certification for the\npackaging through design certification testing or retesting, as applicable.\nDuplicative symbols are not authorized.\"\nQ2. In order to satisfy § 178.503(a)(8), does PHMSA prefer that the non-bulk,\nperformance-oriented packaging be marked by the manufacturer or the approval\nagency?\nA2. PHMSA does not have a preference. Under § 178.503(a)(8), the non-bulk,\nperformance-oriented packaging may be marked by either: (1) the manufacturer (as\ndefined in § 178.2); or, (2) the approval agency (as described in § 107.402(c)). The\nmarking per § 178.503(a) (8) indicates the responsible party who certifies that the\npackaging was manufactured to a successfully-tested design type and complies with\nall applicable requirements of Part 178.\nI hope this answers your inquiry. If you need additional assistance, please contact this\nOffice again.\nSincerely,\nDelighte\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nU.S. Department\nResearch and\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nAdministration\nSpecial Programs\nJUL 1 8 2003\nMr. Jason Perrone\nNeeley Sales Co. Inc.\nRef. No.: 02-0139\nP.O. Box 523\nHighway 25 South\nGreenwood, South Carolina 29648\nDear Mr. Perrone:\nThis responds to your letter regarding self-certification of packages initially tested and certified by an\nindependent laboratory. We apologize for the delay in responding and hope it has not caused any\ninconvenience.\nYou stated that your company imports and distributes 1.4G consumer fireworks. These fireworks are\npackaged in fiberboard boxes for purposes of transportation. The boxes were constructed, tested and\ncertified by an independent laboratory, and remained unchanged for the past ten years. The boxes\nhave been periodically recertified by other laboratories. Since all of the specifications are the same,\nyour company's name on the box as the box certifier. You ask if there is any prohibition against self-\nwhen the boxes are made again, you would like to perform the appropriate performance tests, and print\ncertifying UN performance-oriented packagings.\nThe answer is no. A manufacturer is defined as the person whose name and address or symbol\nappears as part of the specification markings required in Part 178 or, for a packaging marked with the\nsymbol of an approval agency, the person on whose behalf the approval agency certifies the packaging.\nIn this context, a manufacturer may or may not be the actual fabricator of the packaging. The mark\nmay or may not represent the person or party who makes the packaging or conducts the performance\ntests, but represents the person or party who certifies, by applying the mark displaying a name and\naddress or manufacturer's symbol, that the packaging was manufactured to a successfully tested design\ntype and complies with all applicable requirements of Part 178. If a customer is willing to assume\nresponsibility for certifying compliance, a packaging fabricator may fabricate a packaging to a tested\nUN standard, but not place any packaging certification marks on the packaging. The customer would\nthen self-certify as the manufacturer by placement of the complete required UN standard marking on\n178,503\n020139\n\n<<<PAGE 4>>>\n\ntize packaging. To satisfy the UN certification marking requirements of § 178.503(a)(8), at the direction\nof the customer, a packaging manufacturer may mark the packaging with the customer's name and\naddress or symbol, if used. (See §§ 178.2(e) and178.503)\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nChoa Lag\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n:::%\n\n<<<PAGE 5>>>\n\nNEELEY SALES CO. INC.\nEngram\nP.O. BOX 523, HWY. 25 SOUTH\nGREENWOOD, SOUTH CAROLINA 29648\nTELE.864-223-6636 FAX.864-223-2264\nMarking\n5-7-02\n02-0139\nATTN: Ed Mazzullo\nOffice of HazMat Standards\nDear Mr. Mazzullo,\nI have just spoken with Christine Whitney in the Dept. of Approvals\nand she said that perhaps you could help me solve a problem I am having\ninterpreting a portion of 49CFR.\nOur company imports and distributes 1.4g consumer fireworks. We\nuse cardboard boxes to transport our assortments. These boxes have\nremained unchanged for at least the past ten years. When they were\ninitially constructed they were tested and certified by an independent lab:\nThey have been periodically recertified in other labs at a significant cost.\nSince all of the specs are the same, when we have these boxes made again\nit would be much simpler and cheaper to have our company name printed\non the cartons as the box certifier and perform the appropriate tests\nourselves instead of paying other people to-do it.\nThe problem is that every box company I have spoker with is\nhesitant to make boxes for us because they have not heard of self-\ncertification or else they believe it is a misinterpretation of 49CFR. I\nbelieve if you were to explain the policy and point out relevant sections of\nthe regulations that these companies would be much more at ease. Several\ncompanies have mentioned that they feel that even if our name appeared\n1002\n\n<<<PAGE 6>>>\n\n• 2'\non the box that they could somehow be held liable as the manufacturer.\nAlthough I have cited the regulations and provided literature from the\nAmerican Pyrotechnics Association, my say-so just doesn't have a very\nauthoritative ring to it.\nI would certainly appreciate a letter that conveys the essence of\nrecertification as quickly as your schedule permits.\nphank you,\nTurferl\nJason Perrone\n2012\n:3003\n700฿2\n00\n\n<<<PAGE 7>>>\n\nResko\n17:503\nGoodall, Shante CTR (PHMSA)\nManking oPackaging\nFrom:\nGeller, Shelby CTR (PHMSA)\n15-0082\nSent:\nMonday, April 27, 2015 2:42 PM\nTo:\nHazmat Interps\nSubject:\nFW: Interpretation Request 49CFR 178.503(a)(8)\nAttachments:\nInterpretation Request - Manufacturer specified in UN POP code - April 27 2015.pdf\nDear Shante and Alice,\nAttached is a formal letter of interpretation. Mr. Lezak spoke with Aaron Weiner in regards to his question.\nThanks,\nShelby\nFrom: Paul Leak [mailto:iezak1@sib.coml\nSent: Monday, April 27, 2015 11:39 AM\nTo: PHMSA HM InfoCenter\nSubject: Interpretation Request 49CFR 178.503(a)(8)\nDear Hazmat Standards Office,\nAttached is an interpretation request for clarification of section 178.503(a)(8). Please review and let me know if you\nneed any additional information.\nBest regards,\nPaul Lezak\nSchlumberger Technology Corp\nRegulatory Compliance Specialist\n(281)285-5676\n\n<<<PAGE 8>>>\n\nSchlumberger Technology Corporation\n14910 Airline Road\nRosharon, Texas 77583\nSchlumberger\nTel: (281) 285-5676\nEmail: lezak1@exchange.slb.com\nApril 27, 2015\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nSubject: Interpretation Request - 49 CFR 178.503\nDear Hazardous Materials Standards Office,\nOur facility manufactures, packs and ships dangerous goods in specification packages that are\nnanufactured by a third party company. Specitically,\nmanufactured ya hide part ompany. Special, the non-bulk performance orienter here\nparty, and these packages are independently tested and certified by a non-affiliated third party\nlaboratory:\n49CFR $178.503(a)(8) states: The name and address or symbol of the manufacturer or the\napproval agency certifying compliance with subpart L and subpart M of this part. Symbols, if\nused, must be registered with the Associate Administrator.\nWe understand $178.503(a)(8) to mean:\n• that the name and address or symbol of either the third party manufacturer of our\npackagings or the third party laboratory certitying compliance with subpart L and subpart\nM shall be marked on the package, and\n• that we, as the manufacturer of the dangerous goods, should not mark the packagings\nwith our name and address or symbol since the packagings themselves are not\nmanufactured at our facility.\nIs this understanding correct, and if so, does PHMSA prefer the package manufacturer's or\ncertifying lab's information be marked on the package?\nBest regards,\nJanit\nPaul Lezak\nSchlumberger Technology Corporation\nRegulatory Compliance Specialist","truncated":false,"body_characters":11955}