{"operation":"document","citation":"12-0173","title":"HMT Associates, L.L.C. — 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":"12-0173 response to HMT Associates, L.L.C. concerning 172.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0173.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0173.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0173","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120173.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 . · ~ . )\n. 2 \\) ~;. ..\nMr. E. A. Altemos\nHMT Associates, L.L.C.\n603 King Street\nSuite 300\nAlexandria, VA 22314-3105\nRef. No. 12-0173\nThis responds to your August 8, 2012 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the display of limited\nquantity package marking. Specifically, you describe and provide photographs of the\nfollowing two scenarios and ask whether they conform to the marking display requirements\nas prescribed in § 172.315 of the HMR:\nScenario 1: A reduced-size limited quantity marking of at least 50 mm but less than 100\nmm on each side is displayed in a square-on-point configuration as\nauthorized by§ 172.315. The marking is durable, legible, and readily visible.\nIs this scenario in accordance with the HMR?\nAnswer 1: The answer is yes. As authorized in§ 172.315, a reduced-size marking\nbetween 50 mm and 100 mm may be used in place of a corresponding\nmarking that otherwise conforms to the requirements of the HMR, which\npermit use of a reduced-size hazard marking when a package surface is too\nsmall or of an irregular shape for a full size marking.\nScenario 2: A limited quantity marking of 100 mm on each side is displayed in a square-\non-side configuration. The marking is durable, legible, and readily visible.\nIs this scenario in accordance with the HMR?\nAnswer 2: The answer is yes. The HMR do not prohibit the placement of a limited\nquantity marking in an orientation where the square-on-point is located with\nits flat sides parallel to the sides of the packages. A limited quantity marking\nthat otherwise conforms to the requirements of the HMR may be\n\n<<<PAGE 2>>>\n\nplaced square-on-side when the square-on-point is not practicable if the\npackage surface is too small or of an irregular shape for a full size marking.\nHowever, the square-on-point configuration is the preferred (recommended)\nmethod for displaying the limited quantity marking required by the HMR.\nI trust 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\nHMT ASSOCIATES, L.L.c .\n603 KING ST.\nSUITE 300\nALEXANDRIA, VA 22314-3105\n703-549-0727\nE.A. ALTEMOS\nPATRICIA A. QUINN\nFACSIMILIE: 703-549-0727\nWRITERS DIRECT DIAL NUMBER\n703-549-0727, ext. 11\nAugust 8, 2012\nMr. Shane Kelley\nInternational Standards (PHH-13)\nPipeline and Hazardous Materials\nSafety Administration\nDepartment of Transportation\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, D.C. 20590-0001\nDear Mr. Kelley,\nThis is to request clarification of the provisions of Section 172.315 of the\nHazardous Materials Regulations (\"HMR\"), as revised in final rules issued under Docket\nNo. HM-215K, relating to the display of the limited quantities (\"LQ\") mark on packages.\nSpecifically, I seek clarification of the conditions for display of the LQ mark on packages\nwhich, owing to their configuration, cannot readily accept a mark with dimensions of 100\nmm by 100 mm when that mark is placed in a square-on-point orientation.\nThe packages concerned are of a \"shoebox\" configuration - that is, a fibreboard\n·box packaging closed by means of placing a top section or \"cover\" over a bottom section,\nand then securing the top to the bottom (this as opposed, for example, to the more\ncommon configuration where closure is effected by means of \"flaps\" at the top of the\nbox). A photograph illustrating the configuration of a sample package (approximate\noverall dimensions 16 inches long by 12 inches wide by 7.5 inches high) is provided in\nAttachment 1. The vertical dimension (\"height\") of the \"cover\" and the distance tha1 t the\nsides of the cover extend over the sides of the bottom section, are such that there is\ninsufficient space on either the side of the cover or on the exposed (when the cover i~; in\nplace) side of the bottom section to display a 100 mm by 100 mm LQ mark in a square-\non-point orientation. Significantly altering the configuration of the box is impracticable\nowing to costs associated with modifying or replacing equipment on packaging lines.\nDisplaying the LQ mark in such a manner that part is on the side of the cover and part on\nthe exposed side of the bottom section is also considered impracticable because the\njunction between the two parts of the mark on each section of the package would\n\n<<<PAGE 4>>>\n\nHMT ASSOC I ATES, L . L .C.\nMr. Shane Kelley\nAugust 8, 2012\nPage 2\npreclude the mark from appearing exactly in the manner prescribed in § 172.315 of the\nHMR (owing to, for example, imperfect alignment, the seam between the top and bottom,\netc.).\nSection 172.315 of the HMR provides that the minimum 100 mm by 100 mm\ndimensions of the mark may be reduced to not less than 50 mm by 50 mm when \"the\npackaging size requires a reduced size marking.\" For the packages configured as\ndescribed above, please confirm whether either or both of the following approaches to\napplying the LQ marking would be acceptable under§ 172.315 of the HMR:\n1) An LQ mark of at least 50 mm, but less than 100 mm minimum\ndimensions on each side is displayed in the area on the side or end of the bottom\nsection left exposed when the cover is applied (the dimensions of the mark would\nbe the greatest that allow the mark to fit in the area without being obstructed by\nthe cover, see example in Attachment 2); or\n2) An LQ mark with dimensions of 100 mm on each side is displayed in the\narea on the side of the bottom section left exposed when the cover is applied, but\nin other than a \"square-on-point\" orientation (i.e., with the sides of the mark\nparallel to the edges ofthe package).\nIn both instances, the LQ mark would be durable, legible, and readily visible and the aim\nof putting all parties on notice of the LQ nature of the contents would appears to be\nachieved.\nRegarding the first of the above options, I note that a prior interpretation (Ref. No.\n11-0051) may have some relevance to this subject as that interpretation- albeit\naddressing a different package configuration- concerned a package with overall\ndimensions sufficient to accommodate a full size LQ mark, but on which such display\nwas considered impracticable owing to the configuration of the package.\nThank you for your consideration of this matter, and please do not hesitate to\ncontact me if you have questions concerning this request.\nSincerely,\ne(jcu~\nE. A. Altemos\nAttachments\nCc: Michael Stevens (PHH-12\n\n<<<PAGE 5>>>\n\n\n\n<<<PAGE 6>>>","truncated":false,"body_characters":6670}