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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #16-0078 ([Environmental Resources Center] [Ms. Lizzie Clifton])

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

Interpretation Response Details

Response Publish Date:

Company Name: Environmental Resources Center

Individual Name: Ms. Lizzie Clifton

Location State: NC Country: US

View the Interpretation Document

Response text:

September 7, 2016

Ms. Lizzie Clifton
Environmental Resource Center
101 Center Pointe Drive
Cary, NC 27513

Reference No. 16-0078

Dear Ms. Clifton:

This responds to your May 5, 2016 letter requesting clarification of the Hazardous Materials Regulations regarding the manufacturer's notification for packaging. Specifically, you request clarification of § 173.22(a)(4)(ii), which requires shippers to retain the packaging manufacturer's notification, including closure instructions, for at least 90 days unless they are permanently embossed or printed on a bulk packaging or cylinder. Your questions are paraphrased and answered below:

Q1. Does this exception to the 90-day retention requirement apply only to bulk packagings and cylinders?

A1. Yes. The exception only applies to bulk packagings and cylinders –specifically those with the information permanently embossed or printed on the packaging.

Q2. Does a shipper of a 4G box which has the closure instructions printed on the flap have to keep a copy of the instructions for at least 90 days?

A2. Yes, see answer above.

Q3. If the answer to Q2 is yes, how should the shipper provide the closure instructions?

A3. Under § 173.22(a)(4)(ii), PHMSA requires a copy of the manufacturer's notification, including closure instructions, to be available for 90 days. PHMSA does not require any specific format in which the closure instructions must be made available. For cases where the closure instructions are printed on the packaging, retaining a packaging is suitable to fulfill the closure instruction retention and availability requirements. Per § 178.2(c)(2), a packaging manufacturer may provide notification of the closure requirements specific to a packaging via electronic transmission in a format that can be printed. Therefore, if retaining packaging that contains the closure instructions is not feasible the shipper may contact the manufacturer for instructions in a format that can be made available for inspection by a representative of DOT.

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



Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

173.22(a)(4)(ii), 178.2(c)(2)

Regulation Sections

Section Subject
173.22 Shipper's responsibility