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Interpretation Response #09-0097 ([Moeller Marine Products, Inc.] [Mr. Earnie Cook])

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

Interpretation Response Details

Response Publish Date:

Company Name: Moeller Marine Products, Inc.

Individual Name: Mr. Earnie Cook

Location State: TN Country: US

View the Interpretation Document

Response text:

June 10, 2009




Mr. Earnie Cook

Director of Technical Services

Moeller Marine Products, Inc.

North Spring Street

Sparta, TN 38583

Ref. No. 09-0097

Dear Mr. Cook:

This responds to your April 28, 2009 email requesting clarification of the applicability of certain requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provide results of your product packaging tested in accordance with the non-bulk performance-oriented packaging testing requirements in Part 178, Subpart M. Your questions are paraphrased and answered as follows:

Q1. Is a special permit required for a packaging that has successfully passed the tests prescribed in Part 178, Subpart M of the HMR?

A1. No. A special permit is not required for a packaging successfully tested in accordance with Part 178, Subpart M and capable of conforming to the general packaging requirements of § 173.24 while in transportation.

Q2. Does PHMSA issue a certificate indicating successful testing in accordance with Part 178, Subpart M of the HMR?

A2. No. In accordance with § 178.503, it is the manufacturer"s responsibility to properly mark every packaging that is represented as being manufactured to meet a UN standard. This marking is the manufacturer"s certification that the packaging conforms to the applicable UN standard. We note that for the 29-gallon container, the packaging identification code in the marking presented in the test results should not include a "W" unless required by an approval under § 178.601(h). Additionally, for both the 14- and 29-gallon containers, the marking must include the year of manufacture as required by § 178.503.

Q3. Are our employees required to be trained?

A3. Yes. Those employees considered hazmat employees as defined in § 171.8 must be trained in accordance with Part 172, Subpart H of the HMR. Hazmat employees include individuals who design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.

Q4. If a special permit is not required and PHMSA does not issue a certificate, can we begin manufacturing once training of our hazmat employees is complete?

A4. PHMSA does not place restrictions on when you may or may not manufacture packaging. However, no person may, by marking or otherwise, represent that a container or package for transportation of a hazardous material is safe, certified, or in compliance with the HMR unless it meets all applicable regulations (§ 171.2(j)). Additionally, each hazmat employee who performs a function subject to the HMR (such as those described in A3) may not perform that function unless instructed in the requirements of the HMR that apply to that function. A hazmat employee may perform a job function prior to completion of training provided the employee performs the function under the direct supervision of a properly trained and knowledgeable hazmat employee and the training is completed within 90 days after employment or a change in job function. See § 172.702(b).


Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

178.503, 173.24, 171.2(j)

Regulation Sections

Section Subject
173.24 General requirements for packagings and packages
178.503 Marking of packagings