{"operation":"document","citation":"16-0078","title":"Environmental Resources Center — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-09-07","effective_on":null,"summary":"16-0078 response to Environmental Resources Center concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0078.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0078.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0078","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160078.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nSEP 0 7 2016\nMs. Lizzie Clifton\nEnvironmental Resource Center\n101 Center Pointe Drive\nCary, NC 27513\nRef. No. 16-0078\nDear Ms. Clifton,\nThis responds to your May 5, 2016 letter requesting clarification of the Hazardous Materials\nRegulations regarding the manufacturer's notification for packaging. Specifically, you request\nclarification of § 173.22(a)(4)(ii), which requires shippers to retain the packaging\nmanufacturer's notification, including closure instructions, for at least 90 days unless they are\npermanently embossed or printed on a bulk packaging or cylinder. Your questions are\nparaphrased and answered below:\nQ1.\nDoes this exception to the 90-day retention requirement apply only to bulk packagings\nand cylinders?\nAl.\nYes. The exception only applies to bulk packagings and cylinders - specifically those\nwith the information permanently embossed or printed on the packaging.\nQ2.\nDoes a shipper of a 4G box which has the closure instructions printed on the flap have\nto keep a copy of the instructions for at least 90 days?\nA2.\nYes, see answer above.\nQ3. If the answer to Q2 is yes, how should the shipper provide the closure instructions?\nA3. Under § 173.22(a)(4)(ii), PHMSA requires a copy of the manufacturer's notification,\nincluding closure instructions, to be available for 90 days. PHMSA does not require any\nspecific format in which the closure instructions must be made available. For cases where the\nclosure instructions are printed on the packaging, retaining a packaging is suitable to fulfill the\nclosure instruction retention and availability requirements. Per § 178.2(c)(2), a packaging\nmanufacturer may provide notification of the closure requirements specific to a packaging via\n\n<<<PAGE 2>>>\n\nelectronic transmission in a format that can be printed. Therefore, if retaining packaging that\ncontains the closure instructions is not feasible the shipper may contact the manufacturer for\ninstructions in a format that can be made available for inspection by a representative of DOT.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nMAN. Nite\nDirk Der Kinderer\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n939(4) (il)\n1n3.\nGoodall, Shante CTR (PHMSA)\nShires Responsiblity\nFrom:\nRivera, Jordan CTR (PHMSA)\n16-0078\nSent:\nThursday, May 05, 2016 5:51 PM\nTo:\nlazmat Interp\nSubject:\nW: Please clarify the rule at 173.22(4)(\nAttachments:\nPHMSA letter of interpretation.docx\nHi Shante/Alice,\nPlease submit this for a formal interpretation. Ms. Clifton spoke with Eamonn in the Info Center.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Lizzie Clifton [mailto:lclifton@environmentalresourcecenter.com]\nTo: INFOCNTR (PHMSA)\nSent: Thursday, May 05, 2016 8:36 AM\nCc: Kristie Absher\nSubject: Please clarify the rule at 173.22(4)(ii)\nHello,\nI am hoping you can take a look at my quick question in the attached word document and help me with an\ninterpretation of the intent of the rule.\nThank you for your time,\nLizzie Clifton\nEnvironmental Resource Center\n101 Center Pointe Dr.\nCary, NC 27513\n919-469-1585 x 260\n919-342-0807 fax\nIclifton@ercweb.com\nhttp://www.ercweb.com\nOn-site training saves time and money. Use Environmental Resource Center's customized on-site training to\nmeet your site's EPA, DOT, and OSHA requirements. Contact service@ercweb.com for details.\nBefore printing, think about the environment\n1\n\n<<<PAGE 4>>>\n\n.. =\nPipeline and Hazardous Materials Safety Administration\nStandards and Rulemaking Division\nEast Building, 2nd Floor\nMail Stop: E27-300\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMay 5th\n, 2016\nDear Sir/Madam,\nI am writing to request clarification on the rule at 49 CFR 173.22(4)(ii), which applies to retaining\nmanufacturer closure instructions for 90 days. Here is the rule for reference:\n(ii) For other than a bulk package or a cylinder, a person must retain a copy of the manufacturer's\nnotification, including closure instructions (see §178.2(c) of this subchapter). For a bulk package or a\ncylinder, a person must retain a copy of the manufacturer's notification, including closure instructions\n(see §178.2(c) of this subchapter), unless permanently embossed or printed on the package. A copy of\nthe manufacturer's notification, including closure instructions (see §178.2(c) of this subchapter), unless\npermanently embossed or printed on the package when applicable, must be made available for\ninspection by a representative of the Department upon request for at least 90 days once the package is\noffered to the initial carrier for transportation in commerce. Subsequent offerors of a filled and otherwise\nproperly prepared unaltered package are not required to maintain manufacturer notification (including\nclosure instructions).\nWhat I am writing to inquire is whether the third sentence of this paragraph is applicable only to bulk\npackages and cylinders, or to all size packages. Specifically, is a shipper of a 4G box which has the closure\ninstructions printed on the flap required to keep a copy of those instructions for 90 days? If yes, how do\nyou advise them to do this since the package is shipped with the instructions printed on it?\nThanks for your kind support on this question,\nLizzie Clifton\nEnvironmental Resource Center\n101 Center Pointe Drive\nCary, NC 27513\n919-469-1585 x 260","truncated":false,"body_characters":5513}