Interpretation Response #13-0070 ([Safeway, Inc.] [Mr. David Tobin])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Safeway, Inc.
Individual Name: Mr. David Tobin
Location State: AK Country: US
View the Interpretation Document
Response text:
July 25, 2013
Mr. David Tobin
Supply Operations Support
Safeway, Inc.
6441 C St.
Anchorage, AK 99518
Ref. No.: 13-0070
Dear Mr. Tobin:
This is in response to your April 3, 2013 email requesting clarification of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your email you state that your company ships products made by another company that are offered under DOT-SP 14887, and that the outer packages are not marked to indicate the special permit number. You ask several questions which are paraphrased and answered as follows:
Q1. Is my company required to tender a copy of DOT-SP 14887 when we ship these items?
A1. If you are a shipper of a package offered under a special permit you are required to tender a copy of the special permit to the carrier. Paragraph 8, special provisions, of DOT-SP 14887 allows a person who is not a holder of the special permit who receives a package covered by the special permit to reoffer it for transportation provided no modification or change is made to the package, and it is reoffered for transportation in conformance with the special permit and the HMR. Paragraph 10, modal requirements, of DOT-SP 14887 requires a current copy of the special permit to be carried aboard each cargo vessel, aircraft, or motor vehicle used to transport packages covered by the special permit.
Q2. Is the original manufacturer of the cans authorized in DOT-SP 14887 required to mark the outer packaging with the special permit number?
A2. When offering a package containing aerosol cans manufactured under DOT-SP 14887 the original manufacturer is required to mark the outside of the package used to contain the cans. Section 172.301(c) requires the outside of each package authorized by a special permit to be durably marked “DOT-SP” followed by the special permit number assigned. The special permit in question does not waive this requirement.
Sincerely,
Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division
172.301(c)