{"operation":"document","citation":"09-0026","title":"Titan Specialties LTD — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-03-26","effective_on":null,"summary":"09-0026 response to Titan Specialties LTD concerning 172.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0026.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0026.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0026","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090026.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMs. Shelley Espinoza\nCompliance Officer - Dangerous Goods\nTitan Specialties LTD\n143 HCR 4361\nMilford, TX 76670\nRef. No.: 09-0026\nDear Ms. Espinoza:\nThis responds to your letter concerning marking requirements prescribed in the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1 - 180) for packages containing Class 1\nmaterials. Specifically, you ask if a package may be marked with more than one EX\nnumber if it contains only one of the Class 1 materials assigned an EX number in\naccordance with $172.320. You provide the following scenario:\nA company has numerous similar Class 1 materials approved by DOT; each\nis assigned a specific EX number that has the same classification (i.e., UN\nnumber, proper shipping name and division compatibility group). Each will\nalways be the only Class 1 material in the packaging, but all are packaged in\nthe same manner, utilizing the same inner and outer packagings. For\neconomies of scale, it is preferable to stock one outer packaging that is pre-\nprinted with all of the EX numbers of the products that could be contained in\nthe packaging, as well as the other required markings and labeling.\nThe answer is no. In accordance with $ 172.320, no person may offer a package for\ntransportation that is marked to indicate that the material contained in the package is\nhazardous unless the package contains the identified material or its residue. Thus, each\npackage containing a Class 1 material must be marked with the EX number for each\nsubstance, article, or device contained in the package. The package may not be marked\nwith EX numbers for materials that it does not actually contain.\nIf your company is using a package that is pre-printed with several EX numbers, the EX\nnumbers that do not apply to the Class 1 material in the package must be covered or\nobliterated prior to shipment. However, when more than five different Class 1 materials are\npacked in the same package, the package may be marked with only five of the EX-numbers,\nnational stock numbers, product codes, or combination thereof.\n\n<<<PAGE 2>>>\n\nIf the shipping paper shows the EX number, product code or national stock number of each\nexplosive item described under a proper shipping description in association with the\nshipping description as required by 172.202(a), the EX-number is not required to be\nmarked on the package (see 8 172.320(d)). This exception applies to all explosives.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nCharles E. Betts\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nJanuary 8,2009\nMr. Edward Mauullo\nOffice of Hazardous Materials Standards, PHH-10\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nEast Building\nWashington, DC 20590-0001\nDear Mr. Mauullo,\nThis is a darification request concerning the provision in 49 CFR 172.320(a) that each package\ncontaining a Class 1 material must be marked with the EX-number for each substance, article or\ndevice contained therein.\nIs it allowable for the package to marked with numerous EX-numbers of Class 1 materials when the\nproduct covered by only one of the EX-numbers is in the packaging?\nFor example, a company has numerous similar Class 1 materials approved by DOT, each assigned a\nspecific EX-number, that have the same classification (i.e., UN number, proper shipping name and\ndivisionlcompatibility group). Each will always be the only Class 1 material in the packaging, but all\nare packaged in the same manner, utilizing the same inner and outer packagings. For economy of\nscale, it is preferable to stock one outer packaging that is pre-printed with all of the EX-numbers of the\nproducts that could be contained in the packaging, as well as the other required marks and labels.\nYour response to this question is appreciated; please advise if additional information is necessary.\nRegards,\nShelley Espinoza\nCompliance Oficer - Dangerous Goods\n143 HCR 4361 Milford, Texas 76670 Tel817.205.1183 Fax 806.661.3819","truncated":false,"body_characters":4217}