Interpretation Response #18-0108
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Hazmat Safety Consulting
Individual Name: Robert Richard
Location State: VA Country: US
View the Interpretation Document
Response text:
November 15, 2018
Robert Richard
President
Hazmat Safety Consulting
10036 Lake Occoquan Drive
Manassas, VA 20111
Reference No. 18-0108
Dear Mr. Richard:
This letter is in response to your July 17, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking of United Nations (UN) packagings. You note that the Pipeline and Hazardous Materials Safety Administration (PHMSA) has stated in the past that a UN packaging may only be marked with the "USA" designation in the UN specification marking if the packaging is manufactured in the United States. Therefore, you ask whether a Department of Transportation recognized laboratory can assign a "USA" or "+" marking regardless of where it is manufactured.
The answer is no. As specifically written in § 178.503(a)(7), the letters "USA" indicate that the packaging is manufactured and marked in the United States in compliance with the provisions of the HMR.
However, PHMSA has received your petition for rulemaking to revise the HMR to allow for packagings manufactured outside the United States to be marked with the "USA" designation. It has been assigned petition number P-1720 (PHMSA-2018-0033) and will be evaluated for merit in a future rulemaking.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division
Regulation Sections
| Section | Subject |
|---|---|
| 178.503 | Marking of packagings |