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Interpretation Response #11-0041

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

Interpretation Response Details

Response Publish Date: 03-01-2011
Company Name: TEN-E Packaging Services, Inc.    Individual Name: Mr. Robert J. Ten Eyck
Location state: MN    Country: US

View the Interpretation Document

Response text:

March 1, 2011




Mr. Robert J. Ten Eyck
Director, Technical Services
TEN-E Packaging Services, Inc.
1666 County Road 74
Newport, MN 55055

Ref. No. 11-0041

Dear Mr. Ten Eyck:

This responds to your February 16, 2011 letter regarding the proper marking of an approved packaging design having different specifications than those prescribed in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the letter "W" should immediately follow the packaging identification code "1G" marked on a fiber drum packaging approved under the provisions in § 178.601(h). You state the approval was issued because the fiber drum design did not meet the construction standards prescribed in § 178.508 and did not specifically direct the packaging manufacturer to apply the "W" mark as part of the UN marking.

The answer is yes. A packaging having specifications different from those prescribed in
§§ 178.504-178.523 may be used if approved by the Associate Administrator. Such packagings must be shown to be equally effective as those prescribed. See § 178.601(h). Furthermore, as specified in § 178.503(a)(2), the letter "W" must follow the packaging identification code on such packagings when required by an approval under the provisions of § 178.601(h). Although your client"s approval does not specifically mandate the "W" mark be applied, nothing in the HMR prohibits indicating it in the appropriate position as part of its UN marking.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division


Regulation Sections

Section Subject
§ 178.503 Marking of packagings