{"operation":"document","citation":"01-0259","title":"HMT Associates, L.L.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-11-28","effective_on":null,"summary":"01-0259 response to HMT Associates, L.L.C. concerning 171.12.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0259.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0259.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0259","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010259.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n400 Seventh Street, S.W.\nof Transportation\nWashington, D.O\n20590\nResearch and\nSpecial Programs\nAdministration\nNOV 2 8 2001\nMr. E. A. Altemos\nRef. No. 01-0259\nHMT Associates, L.L.C.\n603 King Street, Suite 300\nAlexandria, VA 22314-3105\nDear Mr. Altemos:\nThis is in response to your inquiry concerning the use of limited quantity markings authorized by\nthe European Agreement for the Transport of Dangerous Goods by Road (ADR). These\nmarkings include a diamond displaying the letters \"LQ\" or a diamond with a UN number\ndisplayed. You ask whether these markings would be acceptable on packages shipped by air\nwithin the United States under the provisions of the ICAO Technical Instructions for the Safe\nTransport of Dangerous Goods by Air (ICAO TI).\nCurrently the Hazardous Materials Regulations (U.S. HMR;49 CFR Parts 100-185) prohibit\nmarkings which by their color, design, or shape could be confused with or conflict with labels\nrequired by 49 CFR (see 49 CFR 172.401). In a letter to the European Safety Institute dated\nFebruary 20, 2001. We stated the following:\nIn previous correspondence we have stated that we consider the ADR limited\nquantity markings to be confusing and prohibited from use by 49 CFR 172.401,\nwhich forbids markings which by their \"color, design, or shape could be confused\nwith or conflict with\" labels required by 49 CFR. However, the IMDG Code does\nnot include a prohibition consistent with § 172.401. Furthermore, § 171.12\nauthorizes shipments which are made in accordance with the IMIDG Code to be\ntransported within the United States subject to the limitations of § 171.12. As the\nMDG Code does not specifically prohibit the use of the labels authorized by th\nDR, packages which are transported in accordance with the IMDG Code may b\nmarked with the current ADR markings and are acceptable for transportation\nwithin the United States.\nWe recommended that the ADR-marked packages transported under the IMDG Code be limited\nto closed freight containers and transport vehicles in order to avoid potential frustration of\nshipments due to the markings not being recognized in the HMR.\n171.12\n010259\n\n<<<PAGE 2>>>\n\nThe ICAO TI differ from the IMDG Code in that it is impracticable to expect that packages\nshipped in accordance with the ICAO TI would be in closed freight containers or transport\nvehicles for transport by air. Also, the ICAO TI contain specific marking and labeling\nprohibitions (see Part 5, 2.4.11 and 3.2.13) for markings and labels which could be confused with\nor conflict with any of the markings and labels prescribed by the ICAO TI because of their color,\ndesign or shape. Therefore, acceptability of the ADR markings under the two standards is not\nanalogous. Furthermore, it is our opinion that the ADR marking of a diamond containing an\n\"LQ\" mark is not acceptable under provisions of the ICAO TI and 49 CFR. 171.11. The Ul\nCommittee of Experts on the Transport of Dangerous Goods did not adopt the diamon\ncontaining the \"LQ\" mark on the basis that it did not adequately convey sufficient information\nrelative to the hazards posed by the substances contained in the packagings.\nWe have reconsidered the acceptability of the ADR marking of a diamond containing one or\nmore UN numbers in light of the fact that this marking has been adopted in the UN\nRecommendations. Based on the language of 49 CFR 172.401(c)(1), it is our opinion that this\nmarking is not prohibited under the HMR and would be acceptable for use under the provisions\nof 49 CFR 171.11 and 171.12. We intend to propose inclusion of this marking in a future\ninternational harmonization rulemaking\nI trust this is responsive to your inquiry. If this office can be of further assistance, please contact\nus.\nSincerely,\nEdward T.!\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 3>>>\n\n10-09-2001\n4:54PM\nFROM HMT ASSOCIATES LLC 703 549 0728\nP.2\nHMT ASSOCIATES, L.L.C.\n1850 K STREET, N.W.\nWASHINGTON, D.C. 20006-3500\nSUITE 200\nEA, ALTEMOS\n(202) 163-3511\nPATAICIA A, QUINN\nGORDON ROUSSEAU\nFACSIMILE (202) 463-3512\nWRITER'S DIRECT DIAL NUMBER\n(202) 463-3511, Ext. 11\nJune 7, 2001\nMr. Frits Wybenga\nDeputy Associate Administrator\nfor Hazardous Materials Safety (DHM-2)\nResearch and Special Programs\nAdministration\nDepartment of Transportation\nWashington, D.C. 20590-0001\nDear Mr. Wybenga:\nThe enclosed interpretation letter was recently issued to clarify RSPA's position regarding\nwhether the markings required by the European agreement concerning the international carriage\nof dangerous goods by road (\"the ADR\") to be displayed on limited quantities packages are\nconsidered a prohibited display pursuant to § 172.401 of the Hazardous Materials Regularions (\"the\nHMR\"; 49 CFR Parts 171-180). That letter addressed the acceptability of those markings only in\nthe context of shipments moving at least in part by vessel in conformance with the provisions of the\nInternational Maritime Dangerous Goods Code ('the IMDG Code\"), as authorized under § 171.12\nof the HMR. The purpose of this letter is to seek clarification of the acceptability of display of the\nADR limited quantities markings on packages under other circumstances.\nPirst, based on the rationale offered in the attached interpretation relative to the acceptability\nof ADR limited quantities markings on packages transported at least in part by vessel pursuant to\nthe provisions of the IMDG Code and § 171.12 of the HMR, I conclude that packages bearing the\nADR limited quantities markings and transported at least in part by aircraft pursuant to the\n\n<<<PAGE 4>>>\n\n10-09-2001 4:54PM\nFROM HMT ASSOCIATES LLC 703 549 0728\nP. 3\n-\nHMT ASSOCIATES, L.L.C.\nMr. Frits Wybenga\nJune 7, 2001\nPage 2\nprovisions of the ICAO Technical Instructions for the Transport of Dangerous Goods by Air (\"the\nTechnical Instructions\") and $ 171.11 of the HMR, are, similarly, acceptable for transportation in\nthe United States. In this regard, I note thar neither the prohibited marking provisions nor the\nprohibited labeling provisions in the ICAO Technical Instructions (see Part 5;2.3 and Part 5;3.3 of\nthe Technical Instructions, respectively) prohibit the ADR limited quantity markings. Moreover,\n§ 171.11 of the HMR authorizes shipments made in accordance with the ICAO Technical\nInstructions to be transported in the United States subject to the limitations of $ 171.11. Therefore,\nas the ICAO Technical Instructions do not prohibit the use of the limited quantities markings\nauthorized by the ADR, packages which are transported in accordance with the ICAO Technical\nInstructions may be marked with the current ADR markings and would be acceptable for\ntransportation within the United States. You confirmation of this conclusion, which is in direct\nanalogy to the rationale provided in the enclosed interpretation relative to authorized transport in\naccordance with the IMDG Code, is requested\nFurthermore, I note that the Twelfth Revised Edition of the UN Recommendations, which\nshould be published in the very near future, will contain a limited quantities marking provision that\nconforms to one option provided under the current ADR limited quantities marking provisions - that\nis, a marking consisting of the UN number of the dangerous goods placed within a \"diamond\" (i.e.,\na square-on-point) made by a line at least 2.0 mm wide (see paragraph 3.4.8 of the Twelfth Revised\nEdition of the UN Recommendations). In this regard, I further note that § 172.401(c)(1) of the HMR\nexcepts from the prohibited display provisions in that section packages labeled in conformance with\n\"[alny United Nations recommendation... in the document entitled \"Transport of Dangerous Goods.\"\n(emphasis added). Importantly, this paragraph specifically excepts labeling in conformance with\n\"any United Nations recommendation\" - not only those recommendations in the edition of the UN\nRecommendations currently incorporated by reference into the HMR. Thus, upon publicazion of the\nTwelfth Revised Edition of the UN Recommendations, § 172.401(c)(I) would except from the\nprohibited display provisions of that section any ADR limited quantities marking that also conforms\nto the new UN limited quantity identification provision appearing in paragraph 3.4.8 of the Twelfth\nRevised Edition of the UN Recommendations. Moreover, this exception applies without regard to\nwhether the packages concerned have, or will be transported by vessel or aircraft pursuant to the\nprovisions of the IMDG Code and § 171.12, or to the provisions of the ICAO Technical Instructions\nand § 171.11, respectively. Your confirmation of this understanding is also requested.\n\n<<<PAGE 5>>>\n\n10-09-2001\n4: 55PM\nFROM HMT ASSOCIATES\nLLC 703 549 Ø728\nP. 4\nHMI ASSOCIATES, I.L.C.\nMr. Frits Wybenga\nJune 7, 2001\nPage 3\nConfirmation at your earliest convenience of my understanding of the acceptability of display\nof the ADR limited quantities markings in the iwo circumstances described above will be most\nappreciated. Thank you for your consideration, and please do not hesitate to contact me if you have\nquestions concerning this request.\nSincerely,\ncadet\nE. A. Altemos\nEnclosure","truncated":false,"body_characters":9110}