Interpretation Response #03-0235 ([Mr. Lonnie Harrington])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 11/04/2004

Company Name:

Individual Name: Mr. Lonnie Harrington

Location State: LA Country: US

View the Interpretation Document

Response text:

Nov 4, 2004

Mr. Lonnie Harrington
               Reference No. 03-0235
306 Aundria Drive
Lafayette, LA 70503

Dear Mr. Harrington:

This is in response to your letter asking if Tyvec paper printed with the required hazard class and UN standard packaging markings, cut in the form of a label, and sewn to a woven, flexible intermediate bulk container (FIBC) meets the criteria for permanency and durability as prescribed in § 178.3 and 178.703 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You said Mr. Kurt Eichenlaub, a member of our staff, stated to you in a telephone conversation he believed the label you described would meet these criteria.

In a September 27, 2004 telephone conversation with Ms. Eileen Edmonson of my staff you stated the label has a slick coating, cannot be torn, and is sewn on with a heavy density thread. You also stated in your letter and in your conversation with Ms. Edmonson that you would provide this office with an example of the label product, but we have not received this material to date. We apologize for the delay in responding and any inconvenience this may have caused.

Based on the information you provided, it is this office’s opinion the printed Tyvec paper label you described that is properly sized and marked with the DOT specification or UN standard symbols and language required under the HMR for the hazardous material and packaging type will meet the c: for permanency under § 178.3(a)(3) provided the Tyvec label is secured to a non-removable component of the FIBC in a manner that cannot be removed easily, e.g., if all four outer sides of the Tyvec paper label were sewn to the FIBC. It is also our opinion the printed Tyvec paper label meets the criteria for a “durable” marking under § 178.703(a)(1) introductory paragraph.

I hope this satisfies your request.

Sincerely,

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Regulations

178.3, 178.703

Regulation Sections