Interpretation Response #07-0209 ([Industrial Packaging Alliance of North America] [Mr. John A. McQuaid])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Industrial Packaging Alliance of North America
Individual Name: Mr. John A. McQuaid
Location State: DC Country: US
View the Interpretation Document
Response text:
September 4, 2008
Mr. John A. McQuaid
Industrial Packaging Alliance of North America
1101 14th St., N.W. Suite 1001
Washington, DC 20005
Ref. No. 07-0209
Dear Mr. McQuaid:
This is in response to your e-mail regarding the Hazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to container closure notification requirements. We apologize for the delay in responding and hope it has not caused any inconvenience. In your email, you request that the Pipeline and Hazardous Materials Administration (PHMSA) reconsider the current limitation that precludes the use of electronic media (i.e., via e-mail or CD Rom) to provide container closure notification information in accordance with § 178.2 of the HMR.
In accordance with the notification provision in § 178.2(c), the manufacturer and each subsequent distributor of a United Nations (UN) packaging must provide written notification instructions of all regulatory requirements not met at the time of transfer, and any closure notification necessary to properly assemble and close a packaging. Therefore, written (i.e., hard copy) notification must be provided to meet the requirement in § 178.2(c). An electronic format, such as an e-mail or a CD Rom, may currently be used only as a supplement to the written notification.
However, in response to your request, we are considering a revision to § 178.2(c) to allow, with certain restrictions, the manufacturer and each subsequent distributor of a UN packaging the option of providing a container closure notification in either a written or an electronic format (i.e, via e-mail or a CD Rom). This issue will be addressed as a petition in a future rulemaking.
I hope this satisfies your inquiry. If we can be of further assistance, please contact us.
Sincerely,
Edward T. Mazzullo
Director, Office of Hazardous Materials Standards
178.2