{"operation":"document","citation":"03-0237","title":"The Sherman-Williams Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-10-09","effective_on":null,"summary":"03-0237 response to The Sherman-Williams Company concerning 172.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0237.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0237.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0237","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030237.pdf","body":"<<<PAGE 1>>>\n\n.S. Departmen\nf Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nOCT 9 2003\nMs. Sandra L. Basham\nDirector of Transportation Corporate\nRef. No. 03-0237\nRegulatory Affairs\nThe Sherman-Williams Company\n101 West Prospect Avenue\nCleveland, OH 44115-1075\nDear Ms. Basham:\nThis is in response to your letter dated September 16, 2003 regarding the limited quantity\nmarking requirements found in Part 172, Subpart D of the Hazardous Materials Regulations\n(HMR: 49 CFR Parts 171-180). Specifically, you ask if a package marked with the identification\nnumber inside a white square-on-point configuration and the term \"LIMITED QUANTITY\"\nmaterials.\nwould fulfill the marking requirements for packages containing limited quantities of hazardous\nYour example fulfills the requirements of § 173.315, which permits a shipper to mark the\npackage with the identification number inside a white square-on-point configuration to identify\nis neither required nor prohibited under § 172.303. Therefore, marking the term \"LIMITED\nthe material as a limited quantity. Further, placing the term \"Limited Quantity\" on the packaging\nQUANTITY\" on the package as shown in your example is acceptable. Note, however, that, in\nmarkings are required. At the very least, the package must be marked with the consignee's or\norder for your example to fulfill the requirements of Part 172, Subpart D, additional packaging\nunder § 172.312.\nconsignor's name and address under § 172.301(d) and, possibly, packaging orientation arrows\nI hope this satisfies your request.\nSincerely,\nWhos Dooy\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n172.301\n030237\n\n<<<PAGE 2>>>\n\n51724381\nBioneral treat 35\n87-\nRegulatory Services\n101 WEST PROSPECT AVENUE\nTHE SHERWIN-WILLIAMS COMPANY\nCLEVELAND, OH 44115-1075\nVIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 16, 2003\nMr. Edward T. Mazzullo\nDirector of Office of Hazardous Materials Standards\n400 7* Street SW\nUSDOT/RSPA (DHM-10)\nWashington, DC 20590-001\nDear Mr. Mazzullo:\nOur company manufactures, warehouses, and transports paint and other products throughout the\ncontaining limited quantities of dangerous goods to be exempt from packaging, marking, and\nUnited States and Canada. Transport Canada's Clear Language regulations allow cartons\nlabeling requirements. The only mark that is required it the words \"LIMITED QUANTITY\" (or\nits accepted abbreviation) on one side of the carton. In their Amendment Number 2, adopted\nAugust 13, 2003, Transport Canada indicated that the term \"CONSUMER COMMODITY\"\ncould be used interchangeably with \"LIMITED QUANTITY.\"\nIn HM-215E, Section 172.301 indicates that it is no longer necessary to mark both the proper\nshipping name and the UN number on packages of ORM-D and limited quantities. In these\ncases, the UN number may be dropped. Additionally, Section 172.315 allows an alternative\nmark for limited quantities. The proper shipping name is not required if the carton is marked\nwith the UN number placed within a diamond shape.\nAs Sherwin-Williams routinely has product that is manufactured and packaged in Canada for\nshipment to the US, as well as product manufactured and packaged in the US for shipment to\nCanada, we need to find one method of carton marking that will be acceptable to the regulatory\nagencies of both countries. Would US DOT /RSPA find a carton marked as shown in the\nillustration below (with both the words \"LIMITED QUANTITY\" and the UN number within a\ndiamond) acceptable? Would such a carton being imported into the US from Canada be in\nviolation of any regulations? Would it be acceptable for reshipment throughout the United\nStates?\n\n<<<PAGE 3>>>\n\nLIMITED QUANTITY\nUN1263\nCan you please provide a written interpretation of this proposed carton marking?\nThank you for your prompt assistance with this matter.\nSincerely,\nTHE SHERWIN-WILLIAMS COMPANY\nSuda Jac\nDirector of Transportation\nSandra L. Basham\nCorporate Regulatory Affairs\nEnc: sketches","truncated":false,"body_characters":4020}