Interpretation Response #12-0073 ([TEN-E Packaging Service, 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 Service, Inc.
Individual Name: Mr. Robert J. Ten Eyck
Location State: MN Country: US
View the Interpretation Document
Response text:
May 22, 2012
Mr. Robert J. Ten Eyck
Director, Technical Services
TEN-E Packaging Services, Inc.
1666 County Road 74
Newport, MN 55055
Ref No.: 12-0073
Dear Mr. Ten Eyck:
This is in response to your March 7, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the testing and marking of a packaging. You cite a situation where a manufacturer contracts with a Department of Transportation (DOT) designated third party approval agency to certify and mark a UN 4G combination packaging. The packaging becomes due for periodic retesting and the manufacturer decides to conduct the retests itself. The results of the tests reveal that the packaging does not meet the tolerance requirements of the originally certified design, and the manufacturer conducts the tests as design qualification testing rather than a periodic retest. You ask if the manufacturer may continue to use the symbol of the third party approval agency that conducted the original design qualification testing as part of the specification marking on the packaging.
The answer is no. Continued use of the symbol of the third party approval agency is only permitted if the packaging does not differ from its original design certification. Section 178.3(a)(2) requires that a packaging manufactured to a UN standard be marked, in part, "with the name and address or symbol of the packaging manufacturer or, where specifically authorized, the symbol of the approval agency certifying compliance with a UN standard." Since the packaging no longer meets the requirements of the originally certified design, and the manufacturer conducts the new design certification testing, the third party approval agency is no longer in the position to certify compliance of the packaging. Continued use of the third party approval agency"s symbol as part of the specification marking on the package would no longer be authorized.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division
178.3(a)(2)