{"operation":"document","citation":"12-0146","title":"ADG Compliance Manager — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-12-20","effective_on":null,"summary":"12-0146 response to ADG Compliance Manager concerning 172.303, 172.304, 172.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0146.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0146.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0146","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120146.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\nDEC 2 0 2012\nMr. Bob Cogen\nADG Compliance Manager\nUnited Parcel Service\n9406 Grade Lane\nLouisville, KY 40213\nRef. No.: 12-0146\nDear Mr. Cogen:\nThis responds to your July 3, 2012 request for clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to limited quantity marking and\nlabeling requirements. In your letter, you provide a picture of a limited quantity package\nwith obscured markings and labels. Your questions are paraphrased and answered as\nfollows:\nQ 1. Al. Is it permissible for a proper shipping name (PSN) and identification number (ID\nNumber) to appear on a limited quantity package offered for transportation and\ntransported by surface modes?\nThe answer is yes, provided the PSN and ID Number are representative of the\npackaged hazardous material, and they meet the applicable requirements of 49 CFR\nPart 172, Subpart D. In accordance with § 172.315(a), a package prepared in\naccordance with applicable limited quantity requirements in part 173 of the HMR,\nand offered for transportation by a mode other than air, must display the limited\nquantity marking shown in paragraph (a)(1) of§ 172.315. A package displaying\nthis mark is not subject to the marking requirements of§ 172.301 unless the limited\nquantity package also contains a hazardous substance or a hazardous waste.\nRequired markings need not be duplicated if already marked as prescribed\nelsewhere in the subpart. As an alternative, a packaging may display the limited\nquantity \"Y\" mark shown in paragraph (b) of § 172.315 if the package conforms to\nauthorized substance and article provisions and the inner and outer package\nquantity limits prescribed in § 173.27(f).\nAlternatively, in accordance with § 172.315( d), except for transportation by aircraft\nand until December 31, 2013, a package containing a limited quantity may continue\nto be marked in accordance with the requirements of§ 172.315 in effect on\nOctober 1, 2010 (i.e., square-on-point with ID Number). For transportation by\naircraft and until December 31, 2012, a package containing a limited quantity may\n\n<<<PAGE 2>>>\n\nQ2. A2. Q3. A3. Q4. A4. continue to be marked in accordance with the requirements of § 172.315 in effect\non October 1, 2010 (i.e., square-on-point with ID Number) as an alternative to the\nmarking required by paragraph (b) of § 172.315.\nIs it permissible to display a hazard label on a limited quantity package offered for\ntransportation and transported by surface modes?\nThe answer is yes, provided the label meets the applicable requirements of 49 CFR\nPart 172, Subpart E. No person may offer for transportation and no carrier may\ntransport a package bearing a label, unless the package contains a hazardous\nmaterial and the label represents the hazard of the material contained in the\npackage.\nIf a shipper offers a package to a carrier displaying a limited quantity marking\napplied in a manner that partially covers a PSN, is it the carrier's responsibility to\nreject the package? (Please see the attached picture.)\nThe answer is yes, unless the shipper or carrier obliterates, removes, or securely\ncovers the obscured marking as required by §§ 172.303 and 172.304.\nIf a shipper offers a package to a carrier displaying a limited quantity marking\napplied in a manner that partially covers a hazard label, is it the carrier's\nresponsibility to reject the package? (Please see the attached picture.)\nThe answer is yes, unless the shipper or carrier obliterates, removes, or securely\ncovers the obscured label as required by §§ 172.303 and 172.304.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nHazardous Material Information Center\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nSubject: HM-215K Marking Requirements\nTo Whom It May Concern:\nI am writing to request clarification on marking requirements for Limited Quantity\npackages being transported on the ground.\nI. Is it allowed for a Proper Shipping Name and UN number to appear on a ground\nlimited quantity package, for which there is no requirement for shipping papers because it\nis marked with one ofthe limited quantity marks authorized under 172.315(a) and (d)?\n2. [s it allowed for a hazard label to appear on a ground limited quantity package referred\nto in point (1) above?\n3. According to 172.315(a), properly marked limited quantity packages are not subject to\nthe marking requirements of 172.301 (i .e. Proper Shipping Name and UN Number) when\nthey are properly marked as a limited quantity. Is there ever a situation in which a carrier\nis required to check packages for the proper application of Proper Shipping Name and\nUN Identification number markings if they appear on a ground package marked as a\nlimited quantity and offered without shipping papers? Specifically, if a shipper offers a\npackage (without shipping papers) that has a Limited Quantity mark applied in a manner\nthat partially covers a proper shipping name, is it the carrier responsible to reject the\npackage based on non-compliance with 172.304(a)(3)?\n4. The HMR provide labeling exceptions for limited quantity ground packages in classes\n(2, 3, 4, 6, 8, and 9). Is a carrier required to check packages for the proper application of\nHazard Labels if they appear on a ground package marked as a limited quantity?\nSpecifically, if a shipper offers a package that has a Limited Quantity mark applied in a\nmanner that partially covers a hazard label, is the carrier responsible to reject the package\nbased on non-compliance with 172.406(f)?\n(Please see example on the following page)\n\n<<<PAGE 4>>>\n\nExample 1: A Limited Quantity mark is placed over a Class 3 hazard label.\nExample 2: A Limited Quantity mark is placed over a Proper Shipping Name.\npartially covered\nby \"Ltd Qty\"\nProper Shipping\nName \"Acetic\nAcid\" is partially\ncovered by \"Ltd\nQty\" mark.\nThank you in advance for your assistance.\nSincerely,\nBob Cogen\nADG Com pi iance Manager/ UPS\n9406 Grade Lane\nLouisville, KY 40213","truncated":false,"body_characters":6286}