{"operation":"document","citation":"09-0025","title":"The Wicks Group, PLLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-03-12","effective_on":null,"summary":"09-0025 response to The Wicks Group, PLLC concerning 172.102.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0025.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0025.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0025","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090025.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\nMAR 1 2 2009\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Lindsay W. McGuire\nThe Wicks Group, PLLC\n12 15 1 7th Street, N W\nSummer Square, Fourth Floor\nWashington, DC 20036\nRef. No. 09-0025\nDear Mr. McGuire:\nThis responds to your January 27,2009 letter requesting clarification on behalf of your client\nof labeling requirements for limited quantities of gas cartridges transported under the\nInternational Maritime Dangerous (IMDG) Code. Specifically, you ask for verification that\nthere is no requirement to place a 2.1 flammable gas hazard warning label on individual\npackages containing limited quantities of UN 2037, Receptacles, small, containing gas (gas\ncartridges), being shipped by vessel.\nAccording to your letter, your client manufactures and distributes outdoor cooking systems.\nIt offers 100-gram canisters of cooking fuel, which is shipped by vessel from a supplier in\nKorea under the IMDG Code. The Korean supplier will no longer ship the product without\naffixing the 2.1 hazard warning label to the packages containing the cooking systems. The\nsupplier has indicted that it must have a letter fiom the United States government clarifying\nthat labeling is not required for limited quantities of UN 2037, Receptacles, small, containing\ngas (gas cartridges) before it will ship the cooking systems without the 2.1 hazard warning\nlabel.\nYour understanding is correct. The 2.1 flammable gas hazard warning label is not required\non packages containing limited quantities of UN 2037 materials based on exceptions\nprovided in the IMDG Code. In accordance with paragraphs 3.4.5 and 3.4.7 of the IMDG\nCode, limited quantities of dangerous goods for personal or household use that are packaged\nand distributed in a form intended or suitable for retail sale are excepted from marking and\nlabeling requirements. Under Special Provision 277 of the IMDG Code, for materials\nshipped as UN 2037, receptacles of up to 1,000 ml are considered limited quantities. The\ncooking systems manufactured by your client meet the limited quantity threshold of IMDG\nCode Special Provision 277. Therefore, in accordance with IMDG Code 3.4.7, packages\n\n<<<PAGE 2>>>\n\ncontaining the cooking systems are not required to be marked with the UN number nor are\nthey required to be labeled with the 2.1 hazard class label.\nI hope this answers your inquiry.\nSincer ly,\nCharles ~ . \\ ~ e t t s\nChief, Standards Development\nffice of Hazardous Materials Standards k\n\n<<<PAGE 3>>>\n\n1215 17th Street, NW, Sumner Square, Fourth Floor 5/72 * 102\nWashington, DC 20036 w7(* /Z\nTel: 202.457.7790 Fax: 202.457.7799 A p p ~ , r a d [ 5\nWashington, DC 09-0025\nJanuary 27,2009\nMr. Shane Kelley\nUS DOT PHMSA\n1200 New Jersey Ave., SE\nSecond Floor\nWashington, DC 20590-0001\nRe: Clarification on Exemption of Limited Quantities from International\nMaritime Dangerous Goods Code Marking Requirements\nDear Mr. Kelley:\nFollowing our conversation on January 14,2009, I am writing on behalf of a\nclient of The Wicks Group, PLLC (\"TWG\"), to request a letter of clarification indicating\nthat there is no requirement to place a red 2.1-hazard class label on individual packages\ncontaining limited quantities of UN 2037 (receptacles, small, containing gas (gas\ncartridges)).\nOur client manufacturers and distributes outdoor cooking systems. It offers, as\npart of its line of products, 100 gram canisters of cooking fuel (\"Product\"). The Product\nis shipped by vessel from a supplier in Korea and therefore is subject to the International\nMaritime Dangerous Goods (\"IMDG\") Code,\nThe Korean supplier has informed us that it will no longer ship the Product\nwithout affixing the red hazard class label to the packages containing the individual\nreceptacles of LTN 2037, indicating that there is a flammable gas inside. Despite our\nassurances that this is not required by the IMDG Code, the supplier has indicated that it\nmust have a letter from the United States government clarifying that such an action is not\nnecessary.\nIt is our understanding that the individual packages containing the Product do not\nrequire this hazard class label for international maritime shipment. Pursuant to IMDG\nCode 3.4.7, limited quantities of dangerous goods for personal or household use that are\npackaged and distributed in a form intended or suitable for sale through retail agencies\nare in addition exempt from marking of the UN number on the packaging and, pursuant\nto a footnote added in the 2006 edition, the diamond mark is not required. Pursuant to\n\n<<<PAGE 4>>>\n\nLMDG Code Special Provision 277, receptacles of up to lOOOml of UN 2037 may be\nconsidered a liinited quantity.\nThe Product meets the limited quantities threshold of TMDG Code Special\nProvision 277. Therefore, pursuant to IMDG Code 3.4.7, it is exempt from marking of\nthe UN number on the packaging and the red hazard class label is not requii-ed to be\naffixed to the packages containing receptacles of limited quantities of UN 2037. While\nwe understand that the steamship container must have a placard indicating that within it\nthere are either packages containing a flammable gas or a limited quantity of dangerous\ngoods, the hazard class label is not required on the packages within that container\nbecause of the limited quantities exception for UN 2037.\nWe respectfully request a letter of clarification indicating that this interpretation is\nconect and that there is no need for the foreign supplier to affix the hazard class label to\nindividual cylinder boxes during international maritime shipment. Please send the letter\nto my attention at The Wicks Group, PLLC. If you have any questions, please contact\nme at (202) 457-7790 or via email at lmcnuire@wicks-a-ouv.con~.\nSincerely,\nLindsay ~ . ~ c ~ u i r e\nCC: Glenn P. Wicks\nThe Wicks Group, PLLC","truncated":false,"body_characters":5860}