Interpretation Response #11-0024 ([AkzoNobel] [Mr. Mark A. Connolly])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: AkzoNobel
Individual Name: Mr. Mark A. Connolly
Location State: IL Country: US
View the Interpretation Document
Response text:
June 2, 2011
Mr. Mark A. Connolly
Manager, Transportation Regulations and Security
AkzoNobel
525 W Van Buren Street
Chicago, IL 60607-3823
Ref. No. 11-0024
Dear Mr. Connolly:
This responds to your letter of February 3, 2011 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the HMR requirement to provide closure instructions in § 178.2(c) applies to non-bulk packages that are sealed and closed by your company then transported to distributers who deliver the packages, unaltered, to customers who consume the products without any intention of reusing the packagings to transport hazardous material.
The answer to your question is no. Under § 178.2(c)(1), each person to whom a packaging is transferred must be notified of all requirements not met at the time of transfer and must receive written closure instructions. It is the responsibility of the manufacturer or other person certifying compliance with Part 178, and each subsequent distributor of the packaging, to provide the notification. In the scenario described in your letter, the "package" (packaging and its contents) is transferred from the shipper to the end user through a distributer. The packaging is not expected to be reused for the transportation of hazardous materials (i.e., it is not being transferred to a person who is expected to open and reclose the packaging for transportation of hazardous material). Therefore, closure instructions are not required to be provided by the shipper in the scenario described in your letter.
It should be noted that in specific scenarios the shipper may also be a "subsequent distributer of a packaging." In such scenarios, the shipper must provide notification in accordance with § 178.2(c). For example, PHMSA issued a letter of interpretation on October 10, 2006 (Ref.
No. 06-0123; attached) applicable to a specific scenario involving the transfer of intermediate bulk containers (IBCs) that were intended to be reused for the transportation of hazardous material.
I hope this answers your inquiry. If you need additional assistance, please contact this office at 202-366-8553.
Sincerely,
Ben Supko
Chief, Standards Development Branch
Standards and Rulemaking Division
Attachment (1)
178.2