{"operation":"document","citation":"05-0043","title":"Allied Universal Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-08-23","effective_on":null,"summary":"05-0043 response to Allied Universal Corporation concerning 172.313, 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0043.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0043.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0043","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050043.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nAUG 2 3 2005\nSafety and Regulatory Affairs Manager\nMs. Robin J. Eddy Bolte\nRef. No.: 05-0043\n3901 NW 115'h Avenue\nAllied Universal Corporation\nMiami, FL 33178-1859\nDear Ms. Eddy Bolte:\nThis is in response to your February 22, 2005 letter requesting clarification on the\ntransportation of chlorine in multi-unit tank car tanks (ton tanks) and DOT 3A and 3AA\ncylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your\nquestions are paraphrased and answered as follows:\nQ1.\nIs the POISON GAS label required on ton tanks containing chlorine when the words\n\"Inhalation Hazard\" are stenciled on two opposing sides of the tank?\nUnder Part 172, Subpart F, each bulk packaging must be placarded. When\n§ 172.514(c). The \"INHALATION HAZARD\" marking does not provide relief from\napplicable, ton tanks may be labeled instead of placarded in accordance with\nthe requirement to placard or label. However, the \"INHALATION HAZARD\"\nmarking itself is not required in this case since the words \"INHALATION\nHAZARD\" appear on the required POISON GAS label or placard (see § 172.313(a)).\nQ2.\nFor a freight container containing chlorine in ton tanks, do the following markings\nand placards satisfy the requirements of Part 172, Subparts D and F when transported\ndomestically by vessel (e.g., Florida to Puerto Rico): the MARINE POLLUTANT\nmark; and the POISON GAS placard marked in accordance with § 172.332 with the\nidentification number 1017'?\nA2.\nYes.\nQ3.\nWhen transported by highway, are the requirements to mark the transport vehicle\nwith the MARINE POLLUTANT mark satisfied when an \"open\" transport vehicle is\nmarying ton tanks that are marked an each end with the MARINE POLLUTANT\n172.313\n172.504\n050043\n\n<<<PAGE 2>>>\n\nA3.\nYes. Under § 172.322(d)(3), for other than transportation by vessel, the MARINE\nPOLLUTANT mark is not required on a bulk packaging or transport vehicle that\nbears a label or placard specified in Subpart E or F of Part 172, for example the\nPOISON GAS label or placard. For transportation by vessel, the \"open\" transport\nvehicle carrying the ton tanks must be marked on each side and each end with the\n\"large\" (i.e., at least 250 mm on each side) MARINE POLLUTANT mark and the\nmark must be visible from the direction it faces (see § 172.322(c)(3)). The HMR\nprovide no exception from this marking requirement. Markings appearing on ton\ntanks may not be used to satisfy this requirement.\nQ4. Do freight containers loaded with ton tanks containing chlorine require subsidiary\nplacarding (i.e., CORROSIVE placards)?\nA4.\nUnder the HMR, for transportation by vessel the answer is no. Chlorine is a\nDivision 2.3 material, with a subsidiary hazard of Class 8. The provisions in\n§ 172.505(d) do not require subsidiary placarding for such a material. You should\nalso be aware that under the International Maritime Dangerous Goods (IMDG)\nCode, 5.3.1.1.3 requires placarding for subsidiary risks. Therefore, when\ntransported under the IMDG Code, the freight container must be placarded on all\nfour sides with the POISON GAS placard and the CORROSIVE placard. In\naddition, the requirements of § 172.505(a) for subsidiary hazard placarding are\napplicable to a material that is poisonous by inhalation and is assigned by the\n§ 172.101 Table, Column (3) to a hazard class or division other than Division 2.3\nor 6.1 (inhalation hazard Zone A or B).\nQ5.\nFor transportation by vessel, what are the placarding and marking requirements for\na transport vehicle or freight container transporting chlorine in DOT 3A and 3AA\ncylinders?\nA5.\nUnder the HMR, the freight container must be placarded on both sides and both\nends with the POISON GAS placard as depicted in § 172.540. In addition, a\ntransport vehicle or freight container that is loaded at one facility with chlorine\ncylinders in quantities of 1,000 kg (2,205 pounds) or more aggregate gross weight\nmust be marked \"1017\"on each side and each end as specified in § 172.332 or\n§ 172.336 (see § 172.313(c)). The transport vehicle or freight container must also\nbe marked with the \"large\" MARINE POLLUTANT mark. Each cylinder must\nalso be marked with the proper shipping name, identification number preceded by\nthe letters \"UN\" or \"NA\" as appropriate, and the \"small\" (i.e., at least 100 mm on\neach side) MARINE POLLUTANT mark.\nQ6.\nUnder the HMR, for transportation by vessel, are all of the following placards and\nmarkings required on all four sides of a freight containers loaded with ton tanks\ncontaining chlorine: the POISON GAS placard with the text \"INHALATION\nHAZARD\"; the POISON GAS placard marked in accordance with § 172.332 with\nthe identification number \"1017\"; the CORROSIVE placard; and the \"large\"\nMARINE POLLUTANT mark?\n\n<<<PAGE 3>>>\n\nАб.\nNo. The placards and marking described are authorized; however, a lesser number\nof placards are also authorized. The freight containers may be marked with the\nPOISON GAS placard marked in accordance with § 172.332 with the\nidentification number \"1017\" and the \"large\" MARINE POLLUTANT mark.\nplacard with the text \"INHALATION HAZARD\", an orange panel displaying the\nAlternatively, the freight containers may be marked with the POISON GAS\nidentification number \"1017\" in accordance with § 172.332, and the \"large\"\nMARINE POLLUTANT mark. For IMDG Code requirements see A4.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\n-Fuse Bry\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 4>>>\n\n02/23/2005 11:31\n3055009750\nALLIED UNIVERSAL CO\nPAGE 02\nPollack\n3172,313\nMiami, Florida 33178\n3801 NW 115 Avenue\nA\n§ 172.504\n325-888-2623 office\n305-885-4671 fax\nALLIED UNIVERSAL CORPORATION\nmarking: /Placardings\nEstablishod 1958\nFebruary 22, 2005\nMr. Edward Mazzullo\nOffice of Hazardous Materials Standards Development\nDirector of Hazardous Materials Standards Development\n400 Seventh Street, S.W.\nPipeline and Hazardous Material Safety Administration\nWashington, D.C. 20590-0001\nVIA FASCIMILE: 202-366-3012\nRe: Puerto Rico Shipments\nDear Mr. Mazzullo:\ntank car tank) have been repeatedly stopped by the United States Coast Guard for incorrect freight container\nPar our customer in Puerto Rico, freight containers loaded with bulk packages of chlorine (DOT 106 multi-unit\nmarking and placarding.\n•Background\nclass 2.3, pojson inhalation hazard zone B material) are marked on two opposing sides with two inch high\nFor all domestic shipments of chlorine, DOT 106 multi unit tank car tanks loaded with chlorine (hazardous\nletters (172.303, 313 and .330):\na)\nb) CHLORINE\nINHALATION HAZARD\nd) RQ\nc) UN1017\nOn opposing erds of the tank, the tank is labeled with a hazard class 2.3 inhalation hazard tag (label,\n172.322).\n172.416) as well as a corrosive (subsidiary hazard label, 172.442) tag and marine pollutant tag (label,\none placard, hazard class 2.3 with the identification number 1017 substituted for the wording inhalatior\nif the packages are transported via a vehicle with an \"open\" trailer, four sides of the trailer are placard with\nhazard. If the packages are transported via a freight container (tanks are In a closed container) on a truck or\nvessel, four sides of the freight container are placard with two placards, hazard class 2.3 with. the identification\nnumber 1017 substituted for the wording inhalation hazard, and the marine pollutant mark or placard.\nQuestions:\nAre the marking and labeling identified above correct? Specifically, is the hazard class 2.3 label\n(172.416) required when the word INHALATION HAZARD is stenciled on two opposing sides of the DOT\n106 tank, and the freight container and transport vehicle or vessel is placard with the hazard class 2.3\nplacard with the identification number 1017 substituted for the wording \"inhalation hazard\"?\n2)\nIf the DOT 106 multi unit tank car tanks of chlorine (described above) are shipped to Puerto Rico from\noutside of the freight container (all four sides) correct?\nFlorida and to Florida from Puerto Rico via a freight container by vessel, are the following placards on the\nidentification number 1017 substituted for the wording \"inhalation hazard\", and Placard Two: Marine\nPlacard One:\nHazard Class 2.3 with\nthe\nPollutant.\n\n<<<PAGE 5>>>\n\n02/23/2005 11:31\n3055809750\nALLIED UNIVERSAL CO\nPAGE 03\nFebruary 23. 200S\nPage 2. Puerto Rico Shipments\nAllied Universal Corporation\n3) Is the marine pollutant mark not required on the trailer when the DOT 106 tanks of chlorine are\ntransported via an \"open\" traller by highway since the tanks themselves are marked with the marine\npollutant mark on each end?\n4) Is a corrosive 8 placard required for the outside of a freight container being shipped to Puerto Rico from\nresidue? And does October 1, 2005 change your answer (subsidlary hazard class begins to be noted in\nFlorlda or from Puerto Rico to Florida vla a vessel when loaded with DOT 106 tanks of chlorine or chlorine\nthe shipping description right after the primary hazard class)?\n5) Would your answers to two and four hold for one hundred and fifty pound cylinders, DOT 3A and 3AA, of\n1017 substituted for the wording \"inhalation hazard\" is not required until the specified weight is triggered)\nchlorine as well (please note, these are not bulk packages, and we understand the identification number\nbeing shipped to and from Puerto Rico?\nreight containers by the Coast Guard. In the mean time, we are placarding our freight containers with DO\nour promptness in responding to our questions is greatly appreciated given the frequent stops placed on the\ninstructions, the freight containers loaded with DOT 106 chlorine tanks have four placards on each side: a\n106 tanks of chlorine as requested by the Coast Guard to expedite them in and out of Puerto Rico. Per their\nhazard class 2.3 placard with the wording inhalation hazard, a hazard class 2.3 placard with the identification\nplacard. It seems excessive, but maybe are understanding of the regulation is incorrect.\nnumber 1017 substituted for the wording \"inhalation hazard\", a corrosive 8 placard and a marine pollutant\nIf you should have any questions, please call me at 800-981-6700, extension 133\nRobinE@Allleduniversal.com.\nThank you.\nSincerely,\nRobin f. Eddy Bate.\nRobin J. Eddy Bolte\nSafety and Regulatory Affairs Manager\nAllied Universal Corporation","truncated":false,"body_characters":10467}