{"operation":"document","citation":"98-0585","title":"Stone Container Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-02-11","effective_on":null,"summary":"98-0585 response to Stone Container Corporation concerning 178.601.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0585.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0585.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0585","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980585.pdf","body":"<<<PAGE 1>>>\n\n-=.-\n•\nRIG. SYMBOL\nCONCURRENCES\nFEB | 7 1998\nRIG. SYMBOL\nMr. Richard M. Thomas\nMarketing and Technical Center\nPackaging Pertormance Specialist\nStone Container Corporation\n\"DATE 0\n2021 Swift Drive\nOak Brook, IL\n60521\nRIG. SYMBOL\nDear Mr. Thomas:\nThis is in response to your July 1, 1997 letter which follows\nprior correspondence and phone conversations concerning\nresponsibility for substituting components for a UN standard\npackaging.\n\"RTG. SYMBOL\nIn a February 20, 1997 letter, this office replied to a question\n\"INYIALSISIS\nfrom you as follows:\nQ3. It one of our customers asks us to reproduce a\npackage that was originally manufactured by one of\n\"RIG. SYMBOL\nour competitors and had been UN certified by a\nthird party agency, which party should be included\nin the UN package marking: 1) the third party\nagency, 2) our plant, or 3) the customer?\nA3.\nThe marking may not include the symbol of the\nRIG. SYMBOL\n\"INiYIALS/SIG\ncretamar a Ben epity the proging at by tho\nthird party agency.\nthe customer is responsible for subsequent\nRTG. SYMBOL\nsec -10\nIn your July 1, 1997 letter, you objected to this response and\nAut\nstated:\n\"bATE\"\n...\n21298\nare unable to use a Third-Party Agency's Symbol on a\nIWle are looking for a better explanation as to why we\nRIG. SYMBOL\nVHM-10\ncurrent UN-Certified Package if we can prove that the\nfiberboard is identical in accordance with 49 CFR\n178.601 (c) (4).\n\"BATE\"\n2/12/28\n98 - 0585\nOFFICIAL FILE COPY\n\n<<<PAGE 2>>>\n\nposition that you should be able to reproduce the \"third-party\nYou then set forth a number of reasons as a basis for your\nagency symbol. \" You requested that this office further address\nyour concerns.\nIn attempting to further respond to you, the following discussion\nspecitically addresses UN 4G combination packagings and generally\nreiterates what we have discussed in previous phone\nconversations:\n1. The packaging \"manufacturer, \" as defined at 49 CFR 178.2 (e),\nis responsible for ensuring that each package is capable of\npassing the prescribed tests. I§ 178.601 (b) | \"Manufacturer\" means\nthe person whose name and address or symbol appears as part of\nthe specification markings required by this part or, for a\npackaging marked with the symbol of an approval agency, the\npackaging.\nperson on whose behalf the approval\nagency cat\n\"Specification markings\" mean the packaging\napplicable,\nidentification markings required by this part including, where\nthe name and address or symbol of the packaging\nmanufacturer or approval agency. [§ 178.2 (e)]\nchanges\na tested design type, if the packaging manufacturer\nany component, it is the packaging manufacturer's\nresponsibility to ensure that the packaging with changed\ncomponent does not differ from the previously tested design type.\n[178.601 (c) (4)] Otherwise, the packaging must be retested.\n3. Only the packaging manufacturer, as identified through the\nspecification marking, or a person acting on the manufacturer's\nthe manufacturer bears responsibility for compliance.\nbehalf, may make component substitutions to packagings for which\n4.\nyou in our February 20, 1997, letter assumes that your\nBased on the information you provided, the response given to\ncompetitor, and not your customer, is the manufacturer on whose\nbehalf an approval agency has certified the packaging. Io\nthe permission of the\nreproduce a packaging, including specification markings, without\n171.2 (c).\nIf a manufacturer produces a packaging and places\nmanufacturer, is a violation of 49 CFR\nspecification markings on the packaging, including the symbol of\nUN\nan approval agency that certified a packaging for\nthe manufacturer would be representing to the public that the\na competitor,\napproval\napproval agency had certified its package when in fact the\nThis type of misrepresentation also would be a violation of 49\nagency had never performed testing on that packaging.\nCFR 171.2 (c) .\n2\n\n<<<PAGE 3>>>\n\n5.\nIf your customer is the packaging manufacturer, you may\nproduce a replacement packaging component (for instance, a\nfinished box blank or a knocked-down fiberboard box) if the\nmanufacturer accepts responsibility for this change and ensures\nmanufacturer's joint, board strength, board weight, water\nit does not differ from the original component le.g., design,\nmanufacturer to ensure that such a change is not inconsistent\nresistance, etc.) Also, it is the responsibility\nwith any specific description of\ntest report required by § 178.601(1). For example, if the test\nreport specifies a fiberboard box made by a specific company,\nsubstitution of another company's box would invalidate the\naltered\nreport; i.e., it would not be possible to link the report to the\npackaging.\namended by the packaging manufacturer to reflect the change.\nIn this latter instance, the report may be\nFor\na report produced by an approval agency, amendment of the report\nmust not violate the conditions and limitations of the approva.\nagency's certification and may necessitate obtaining the\npermission of the approval agency.\nresponding.\nI hope this information is helpful and apologize for the delay in\noriginai signes by\nsincerely\nEdward T. Mazzulia\nDirector, Office of Hazardous\nEdward I. Mazzullo\nMaterials Standards\nmazzullo:gt:dhm-10:68553:02/11/98\nRevised: mazzullo/monniere:dhm-10/dcc:02/12/98\nSC: 330\nFile:178.601\nc: \\let \\mazzullo\\stone.298","truncated":false,"body_characters":5317}