R.B. Natali Consulting, Inc. — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration October 15, 2020 Ronald B. Natali President R.B. Natali Consulting, Inc. 75 North 200 East Richmond, UT 84333 Reference No. 20-0046 Dear Mr. Natali: This letter is in response to your June 23, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging for Class 7 (radioactive) materials. Specifically, you ask about the term “packaging manufacturer” as it is referenced in § 178.350. We have paraphrased and answered your questions as follows: Q1. Section 178.350(c) states that “In § 178.3(a)(2) the term “packaging manufacturer” means the person certifying that the package meets all requirements of this section.” It is your understanding that the phrase “this section” refers to § 178.350, and the packaging manufacturer is certifying that the package meets all applicable requirements of subpart B of part 173 and §§ 173.403, 174.410, 173.412, 173.415 and 173.465 for Type A packaging. You ask whether your understanding is correct. A1. The packaging manufacturer is the person certifying that the package meets all requirements of § 178.350 including the applicable requirements of subpart B of part 173, §§ 173.403, 173.410, 173.412, 173.415, and 173.465, as well as §§ 178.2 and 178.3. Q2. You ask whether it is the “packaging manufacturers” [sic] responsibility to apply the “USA DOT 7A Type A” marking required by § 178.350(b) to the package, thereby certifying that the package meets all applicable requirements of § 178.350.#

Page 2A2. The function of placing the required specification markings on the packaging can be performed by the packaging manufacturer or by the offeror. Placing the required DOT specification markings identified in § 178.350; that is, “USA DOT 7 A Type A” on the packaging certifies that the packaging was designed and constructed in full conformance with the requirements referenced in Part 173. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3Wolcott 20-0046 From: INFOCNTR (PHMSA) To: Hazmat Interps Subject: FW: Request For Clarification Date: Friday, June 26, 2020 10:45:22 AM Attachments: Ron"s Packaging Manufacturer LOI 6-23-2020 RBN.pdf 20_6_Natali.docx Hello Alice and Ikeya, Please see attached for Letter of Interpretation request. Have a great weekend. Best, Kathryn (HMIC) From: Ronald Natali [mailto:rbnatali@gmail.com] Sent: Tuesday, June 23, 2020 10:45 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: R. B. Natali Consulting <rbnatali@gmail.com> Subject: Request For Clarification To Whom It May Concern: Attached is a request for clarification concerning the Packaging Manufacturer defined in 49 CFR 178.350(c). If you have any questions, please contact me. Best Regards, Ronald B. Natali, President R.B. Natali Consulting, Inc. 75 North 200 East Richmond, UT 84333 435-258-3730, Office 209-627-5473, Cell rbnatali@gmail.com#