Interpretation Response #07-0204 ([E.I. DuPont de Nemours & Co.] [Mr. Kevin M. Greene])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: E.I. DuPont de Nemours & Co.
Individual Name: Mr. Kevin M. Greene
Location State: AL Country: US
View the Interpretation Document
Response text:
January 8, 2008
Mr. Kevin M. Greene
Hazardous Materials Distribution Consultant
E.I. DuPont de Nemours & Co.
12650 Highway 43 North
Axis, Alabama 36505
Ref. No.: 07-0204
Dear Mr. Greene:
This is in response to your request for a clarification of the packaging notification requirements in Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the packaging notification requirements in § 178.2(c)(1)(i) apply to cylinders.
The answer is no. Section 178.2(c)(1)(i) requires written notification to each person to whom a packaging is transferred of all Part 178 requirements not met at the time of transfer. A cylinder manufactured under Part 178, Subpart C must be in full conformance with all specification requirements at the time of transfer. The cylinder manufacturer certifies that these requirements have been met by marking the applicable DOT specification marking on the cylinder, eg. DOT-3A, DOT-4BW. Additionally, the cylinder inspector is responsible for ensuring each cylinder made is in full conformance with all specification requirements. See § 178.35(c) of the HMR.
In addition, you refer to a December 1, 2005 interpretation letter (Ref. No.: 05-0209) from this office in which we specify that paragraph (c) should include a reference to § 178.338 19 and that current reference to § 178.345-10 should be replaced with § 178.345-15. You ask when we plan to implement these corrections. We are currently considering revisions to the cargo tank specifications and plan to include these corrections in that rulemaking.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials, Standards
178.2, 178.35, 178.345-15