Midway USA — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation . Pipeline and Hazardous Materials Safety Administration August 15, 2019 1200 New Jersey Avenue, SE Washington, DC 20590 Mr. Bradley Spears Outbound Logistics Manager Midway USA 5875 West Van Horn Tavern Road Columbia, MO 65203 Reference No. 19-0059 Dear Mr. Spears: This letter is in response to your May 10, 2019, letter and subsequent phone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for specification markings on packagings. Specifically, you are seeking clarification on whether you may reproduce the United Nations (UN) specification marking on a printed label for a variation packaging. You state that you are shipping hazardous materials in cardboard boxes that are smaller than a tested specification box in accordance with Variation 4 in§ 178.601(g)(4). You also state that your specification boxes are purchased from a manufacturer and then tested by a third-party testing lab. The test report is submitted to the manufacturer who then prints the UN specification markings on the boxes. Your company purchases the same type of boxes (same methods of construction, materials of construction, strength characteristics of materials of construction, method of closure, and material thickness) as the specification boxes, only smaller in external dimension, and would like to reproduce the specification marking for these variation boxes using a printed label. You state that the print on these labels meets the requirements of§ 178.3(a)(4). The answer is yes, provided the markings meet the applicable requirements of§ 178.3 and § 178.503. In accordance with § 178.3(a)(3), "The markings must be stamped, embossed, burned, printed or otherwise marked on the packaging to provide adequate accessibility, permanency, contrast, and legibility so as to be readily apparent and understood." These printed labels must be able to maintain a level of permanency so as not to become illegible or compromised during conditions normally incident to transportation. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, ,,..--7.~~v~ T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2L~ Dodd, Alice (PHMSA) From: Sent: To: Subject: Attachments: INFOCNTR (PHMSA) Friday, May 10, 2019 11:31 AM Hazmat Interps FW: Formal request for Letter of Interpretation Letter of Interpretation to DOT - Variation 4.docx Hi Alice and lkeya, Below and attached is a request for letter of interpretation. I provided 08-0104 for now but the caller would still like a letter. Thanks, Jonathon, HMIC Request for interpretation RE: 49 CFR 178.3 Dear Sir or Madam, MidwayUSA is wanting to ship our hazardous materials (UN0044 Primers, cap type; UN0509 Powder, smokeless; NA3178 Smokeless powder for small arms; UN0S0l Propellant, solid) in smaller cardboard boxes (smaller in length, width, and height) than our tested and fully compliant UN Specification package using Variation 4 of 178.601. However, these smaller cardboard boxes are not " ... stamped, embossed, burned, printed or otherwise marked on the packaging to provide adequate accessibility, permanency, contrast, and legibility so as to be readily apparent and understood" as per 178.3(a)(3). We are seeking advice/clarification from the Department of Transportation on whether we can reproduce the UN specification marking, from our specification package test report, in permanent printed black ink onto a white label, adhering to the requirements of 178.3(a)(4), and affix those white labels to any side but the bottom of the cardboard box. I have enclosed a picture of a sample package. Please note, there are no other markings or labels on any of the other sides of the package aside from our company logo, shipping label, and carrier shipping papers. Sincerely, Bradley Spears Outbound Logistics Manager MidwayUSA bspea rs@m idwayusa .com 1#

Page 3Standards and Rulemaking Division Pipeline and Hazardous Materials Safety Administration, Attn: PHH-10 United States Department of Transportation East Building 1200 New Jersey Avenue SE Washington, DC 20590-0001 Bradley Spears Outbound Logistics Manager 5875 West Van Horn Tavern Rd Columbia, MO 65203 Request for interpretation RE: 49 CFR 178.3 Dear Sir or Madam, MidwayUSA is wanting to ship our hazardous materials (UN0044 Primers, cap type; UN0509 Powder, smokeless; NA3178 Smokeless powder for small arms; UN0501 Propellant, solid) in smaller cardboard boxes (smaller in length, width, and height) than our tested and fully compliant UN Specification package using Variation 4 of 178.601. However, these smaller cardboard boxes are not " ... stamped, embossed, burned, printed or otherwise marked on the packaging to provide adequate accessibility, permanency, contrast, and legibility so as to be readily apparent and understood" as per 178.3(a)(3). We are seeking advice/clarification from the Department of Transportation on whether we can reproduce the UN specification marking, from our specification package test report, in permanent printed black ink onto a white label, adhering to the requirements of 178.3(a)(4), and affix those white labels to any side but the bottom of the cardboard box. I have enclosed a picture of a sample package. Please note, there are no other markings or labels on any of the other sides of the package aside from our company logo, shipping label, and carrier shipping papers. Sincerely, Bradley Spears Outbound Logistics Manager MidwayUSA bspears@midwayusa.com#

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