Interpretation Response #11-0041 ([TEN-E Packaging Services, Inc.] [Mr. Robert J. Ten Eyck])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
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.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
178.601