{"operation":"document","citation":"09-0121","title":"Grafco, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-10-01","effective_on":null,"summary":"09-0121 response to Grafco, LLC concerning 172.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0121.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0121.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0121","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090121.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nOCT 0 1 2009\nMs. Jan Cowles\nGrafco, LLC\nP.O. Box 814\nOwasso, OK 74055\nRef. No. 09-0121\nDear Ms. Cowles:\nThis is in response to your e-mail requesting clarification of marking requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask\nwhether the letters \"USP\" may be displayed before the proper shipping name on a package or\nwhether a special permit currently authorizes this marking variation to the HMR.\nAs specified in § 172.301(a), each person who offers a hazardous material for transportation\nin a non-bulk packaging must mark the package with the proper shipping name and\nidentification number for the material as shown in the Hazardous Materials Table (HMT) in\n5 172.101. The letters \"USP\" are not part of the proper shipping name as shown in the HMT\nand are not authorized to be included as part of the proper shipping name marking.\nAdditional wording, such as \"USP,\" may be included after the required wording (proper\nshipping name and ID number) provided the additional wording does not reduce the\neffectiveness of the required information and other specifications for displaying markings (see\n5 172.304(a)(4)).\nThe procedure for applying for a special permit can be found in 49 CFR Part 107, Subpart B\nand can also be found on our website at htlt~://www.uhmsa.dot.gov/hazn~at under \"Special\nPermits.\" PHMSA has not issued a special permit to authorize the letters \"USP\" to be\ndisplayed before the proper shipping name on packages.\nWith respect to labeling requirements, it is difficult to determine the specifications of the\nClass 2 label in the pictorial you submitted, but please note that label specifications, including\nsize, are specified in § 172.407; modifications are specified in 5 172.405; and exceptions are\nspecified in 5 172.400a. Unless otherwise excepted, packages must be labeled with both the\n\n<<<PAGE 2>>>\n\nprimary and subsidiary hazard labels, as specified in Column 6 of the 5 172.101 Hazardous\nMaterials Table. \"Oxygen, compressed,\" UN1072 requires a Division 5.1 subsidiary hazard\nlabel (see 5 172.402) as well as a Class 2 primary hazard label.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\n& att tie L. Mitchell\nu Chief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn <PHMSA>\nFrom: INFOCNTR <PHMSA>\nSent: To: Thursday, May 07, 2009 10: 19 AM\nDrakeford, Carolyn <PHMSA>; Supko, Ben <PHMSA>\nSubject: FW: ISP Oxygen Labels\nAttachments: photo.JPG\nphoto.JPG (246 KB)\n----- Original Message-----\nFrom: Jan Cowles [mailto:acjc3333@gmail.com]\nSent: Wednesday, May 06, 2009 3:30 PM\nTo: Special Permits <PHMSA>\nSubject: ISP Oxygen Labels\nTo: Ann Mazzullo\nAnn :\nThan you for talking with me today. My company, Grafco, LLC, repackaged bulk medical grade\nliquid oxygen into compressed gas cylinders. Our clients, mainly home health companies,\nthen distributes these cylinders to their patients.\nAt issue is one of our clients was issued a warning by Kansas State Patrol citing our\nlabel had \"USP\" on it. This was not consistent with either their shipping manifest nor the\nMSDS sheet. My dilemma is that the FDA requires \"USP\" to be included on the label. In\naddition the cylinder must be lot numbered and may not have 2 labels nor may one label be\nplaced on top of another label.\nWe have looked at our competitor's labels and from the ones we have seen, all have \"USP\"\neither in front of the word \"oxygen\" or behind the word \"oxygen\". We are trying hard to\nbe in compliance with FMCSA, FDA and Pharmacy Board regulations.\nThe Kansas Corporation Commission asked me to contact your office to ascertain whether a\nspecial permit exists for this situation. If one does not currently exist, I need the\nprocedure to apply for one.\nAny help you can give me regarding this matter would be appreciated.\nYou may contact me directly at 918-740-7861. I have emailed you a\ncopy of our label under separate cover.\nSincerely,\nJan Cowles","truncated":false,"body_characters":4167}