{"operation":"document","citation":"07-0233","title":"Northern Air Cargo — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-17","effective_on":null,"summary":"07-0233 response to Northern Air Cargo concerning 173.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0233.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0233.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0233","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070233.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Mark Smith\nHazardous Materials Instructor\nNorthern Air Cargo\n3900 Old International Airport Rd.\nAnchorage, AK 99502\nRef. No. 07-0233\nDear Mr. Smith:\nThis is in response to your December 18,2007 letter regarding the Hazardous Materials\nRegulations (HMR; 49 CFR 17 1 - 1 80) applicable to marking packages of limited quantities of\nhazardous materials. Specifically, you ask whether it is permissible to add the proper shipping\nname to a package containing a limited quantity of hazardous materials and transported\ndomestically by air.\nAs specified by 8 172.301, each person who offers a hazardous material for transportation in a\nnon-bulk packaging must mark the package with the proper shipping and identification number\npreceded by the letters \"LTN\" or \"NA,\" as applicable, for the entry as shown in the 8 172.101\nTable. As specified in 5 172.3 15, except for transportation by air, a package containing a limited\nquantity of hazardous materials is not required to be marked with the proper shipping name\nprovided it is marked with the identification (ID) number, preceded by the letters \"UN\" or \"NA,\"\nas applicable, for the entry as shown in the 8 172.101 Table, and placed within a square-on-point\nborder. However, for transportation by air, a package containing a limited quantity of hazardous\nmaterials is required to be marked with the proper shipping name. Therefore, it is not only\npermissible, it is required to add the proper shipping name to a package containing a limited\nquantity of hazardous materials and transported domestically by air.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n18 Dec 07\nNORTHERN AIR CARGO\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration Attn: PHH-10\nU.S. Department of Transportation East Building\n1200 New Jersey Avenue, SE.\nWashington DC 20590-0001.\nRe: Limited quantity markings for air transport\nIs it permissible to use the ICAO Technical Instructions method of marking a package of\nlimited quantities with the requirement of adding the proper shipping name to this\nmarking? There is no restriction of its use referenced in 49CFR 17 1.22, 17 1.23 and\n17 1.24. There is a question arising from this because in 49CFR 172.3 15 there is an 'and'\ninserted in the paragraph to make it include the square-on-point border that does not\nappear or is referenced in the Federal Register HM-2 151.\nIs this rendition of a limited quantity marking permissible for a domestic air transport\nshipment under 49 CFR?\nPaint Related Material\nIn the 2007-2008 ICAO Technical Instructions, 5;2.4.1 states:\n+ \"For packages containing limited quantities of dangerous goods, the UN number\n(preceded by the letters \"UN) may be placed within a diamond. If the diamond\nmarking is applied, the following requirements must be met. The width of the line\nforming the diamond must be at least 2mm; the number must be at least 6mm high.\nWhen more than one substance is included in the package and the substances are\nassigned to different UN numbers, then the diamond must be large enough to include\neach relevant UN number.\"\nNORTHERN AIR CARGO INC 3900 Old International Airport Rd Anchorage AK 99502\n907-243-3331 800-727-21 41 FAX 907-249-51 90 WWW.NORTHERNAIRCARGO.COM\n\n<<<PAGE 3>>>\n\n+ \"Note.--- It is anticipated that displaying the UN number within a diamondfor\npackages containing limited quantities of dangerous goods will become mandatory as\nof 1 January 2009. \"\nHM-2 151 page FR 78598 dated 29 December 2006 states:\n\"Marking of Limited Quantity shipments.\nThe ICAO Technical Instructions include a marking requirement for packages\ncontaining a limited quantity of hazardous material. The mark consists of the\nidentification number of the material placed within a square-on-point border. The\nmarking is anticipated to become effective January 1,2009. Except for transportation\nby aircraft, this marking is currently authorized under the HMR as an alternative to\nmarking the proper shipping name on the package; we are allowing continued use of\nthis marking to minimize tr-ansportation costs and provide flexibility.\"\n49CFR 172.315\n\"Except for transportation by aircraft or as otherwise provided in this subchapter, a\npackage containing a limited quantity of hazardous materials is not required to be\nmarked with the proper shipping name provided it is marked with the identification\n(ID) number, preceded by the letters \"UN\" or \"NA,\" as applicable, for the entry as\nshown in the 5 172.10 1 Table, and placed within a square-on-point border in\naccordance with the following:\"\nSincerely,\nMark Smith\nNorthern Air Cargo\nHazardous Materials Instructor\n907-249-5 186\nNORTHERN AIR CARGO INC 3900 Old International Airport Rd Anchorage AK 99502\n907-243-3331 800-727-21 41 FAX 907-249-51 90 W.NORTHERNAIRCARGO.COM","truncated":false,"body_characters":5052}