Interpretation Response #20-0046
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
October 15, 20202
Ronald B. Natali
R.B. Natali Consulting, Inc.
75 North 200 East
Richmond, UT 84333
Reference No. 20-0046
Dear Mr. Natali:
This is in response to your June 23, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Class 7 (radioactive) materials packaging. Specifically, you ask about the term "packaging manufacturer" as referenced in § 178.350.
We have paraphrased and answered your questions as follows:
Q1. Section 178.350(c) states that "In § 178.3(a)(2) the term "packaging manufacturer" means the person certifying that the package meets all requirements of this section." It is your understanding that the phrase "this section" refers to § 178.350, and the packaging manufacturer is certifying that the package meets all applicable requirements of subpart B of part 173 and §§ 173.403, 174.410, 173.412, 173.415 and 173.465 for Type A packaging. You ask whether your understanding is correct.
A1. The packaging manufacturer is the person certifying that the package meets all requirements of § 178.350 including the applicable requirements of subpart B of part 173, §§ 173.403, 173.410, 173.412, 173.415, and 173.465, as well as §§ 178.2 and 178.3.
Q2. You ask whether it is the "packaging manufacturers" [sic] responsibility to apply the "USA DOT 7A Type A" marking required by § 178.350(b) to the package, thereby certifying that the package meets all applicable requirements of § 178.350.
A2. The manufacturer function of placing the required specification markings on the packaging can be performed by the packaging manufacturer or by the offeror. Placing the required DOT specification markings identified in § 178.350; that is, "USA DOT 7 A Type A" on the packaging certifies that the packaging was designed and constructed in full conformance with the requirements referenced in Part 173.
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
178.2, 173, 173.403, 173.410, 173.412, 173.415, 173.465, 178.3(a)(2), 178.350, 178.350(b), 178.350(c)
|§ 178.350||Specification 7A; general packaging, Type A.|