Interpretation Response #CHI-13-003 ([T-MAK Labs, Inc.] [Tim Phelan])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: T-MAK Labs, Inc.
Individual Name: Tim Phelan
Location State: IL Country: US
View the Interpretation Document
Response text:
August 29, 2013
CHI-13-003
T-MAK LABS, Inc.
Attn: Tim Phelan
1205 Karl Court
Wauconda, Illinois 60084
Via certified mail
Dear Mr. Phelan:
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has received your email dated August 13, 2013, with the attached M6189 Registration letter, in which you have questioned whether the registration letter that you received was in error. You believe that it should say "tested" rather than "manufactured".
The answer to your question is no, the language is correct as PHMSA issued you M number M6189 on May 31, 2013. This number authorizes you to place M6189 on packagings which you have manufactured at your facility rather than placing your name and address on a specification marking.
PHMSA works to protect the American public and the environment by ensuring the safe and secure movement of hazardous materials to industry and consumers by all transportation modes. PHMSA's area of expertise is packagings and package testing.
There is a separate process to allow you to test another person's packagings. In order to do this, you must be approved by PHMSA to be a Third Party Testing Laboratory. This process is detailed in 49 C.F.R. § 107. PHMSA has not approved T-MAK LABS to be a third party testing laboratory.
PHMSA also has concerns with your T-MAK LABS website and Facebook page in which you claim "T-MAK LABS is a recognized U.S. Department of Transportation package testing facility." PHMSA is concerned that your advertisement creates the appearance that you are a PHMSA approved third party testing laboratory.
PHMSA requests that you immediately remove all reference to "T-MAK LABS is a recognized U.S. Department of Transportation package testing facility" from your website and Facebook page until you have applied and been approved by PHMSA as such.
Please take appropriate action within 14 days of receiving this letter and notify PHMSA of your compliance in writing.
We appreciate your timely attention to this matter.
Respectfully yours,
Joseph Solomey
Senior Assistant Chief Counsel
Hazardous Materials Safety Law