{"operation":"document","citation":"12-0177","title":"Homax Group, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-10-31","effective_on":null,"summary":"12-0177 response to Homax Group, Inc. concerning 172.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0177.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0177.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0177","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120177.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\nMr. Eric Clifford\nHomax Group, Inc.\n7711 E Pleasant Valley Road\nIndependence, OH 44131-5532\nRef. No. 12-0177\nDear Mr. Clifford:\nThis responds to your August 14, 2012 email requesting clarification of the limited quantity\nmarking requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180). In your email, you describe two marking scenarios for a preprinted 6 in. x 6 in. box,\nintended to be shipped by ground, and you provide pictures illustrating the scenarios as\nfollows: 1) the box is marked with a 50 mm x 50 mm square-on-point limited quantity\nmarking; and 2) the box is marked with a 100 mm x 100 mm square-on-point limited\nquantity marking. You indicate that the 100 mm x 100 mm size requirement in§ 172.315(a)\nfits on one side of the box but does not allow room for additional information (e.g., a bar\ncode) in pre-printed form in association with the limited quantity marking. You assert that\nhaving to pre-print information on multiple sides incurs costs greater than those previously\nincurred under the requirements for marking of consumer commodity, ORM-D, which\naccommodated the additional information (because there was no minimum size requirement\nfor the ORM-D marking). Specifically, you ask whether marking the box under scenario 1\nwould be \"non-compliant\" and whether marking under scenario 2 would be required.\nSection 172.315(a) of the HMR requires the limited quantity marking to be durable, legible,\nand of a size relative to the package that is readily visible and that the dimensions of the\nsquare-on-point marking must be 100 mm on each side unless the package size requires a\nreduced size marking (which, then must be no less than 50 mm on each side). After having\nreviewed the pictures accompanying your email, we have concluded that in both scenarios\nthe marking placed on the box appears to satisfy the \"readily visible\" standard. Therefore, it\nis our opinion that the marking size may be reduced to less than the 100 mm per side\nstandard (but not less than 50 mm) to the extent necessary to accommodate pre-printing of\nthe additional information needed with the limited quantity marking.\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\n7~0~\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n-----·· -------\n·--\n---\n..\n\n<<<PAGE 2>>>\n\nDrakeford, Carol\nFrom:\nEckenrode, Andrew.CTR (PHMSA) on behalf of INFOCNTR (PHMSA)\nSent:\nWednesday, August 15, 2012 8:58AM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Official request for interpretation\nCarolyn,\nWe\nAndrew\nFrom: Eric Clifford ,,,.,_. c=\"-''=~'\"=~'-'-''C'-\"\"\"\"\"\"\"·~··c .. c).).'\"''·'·'\"'-C':''\"-'\"\"''-'''\nSent: Tuesday, August 14, 2012 4:51PM\nTo: PHMSA HM InfoCenter\nSubject: Official request for interpretation\nI would like to make an official request for interpretation to obtain answers to the scenarios illustrated below regarding\n49 CFR 172.315, in particular, regarding the size of the Limited Quantity marking requirement for a \"small\" package. The\n2 questions are below and in reference to scenario 1 and scenario 2.\nIf the official ruling to the circumstance is that scenario 1 is not compliant, please know the reason for asking is due to\nthe impact of increased cost if requires scenario 2 to comply, although feel scenario 1's marking size is relative to the\nsize of the package and readily visible. The reason for scenario 2's increased cost would be due to the inability to not\nhave shared information, such as a part number or bar code, pre-printed with the Limited Quantity marking on one\npanel as formerly was allowed with the Consumer Commodity, ORM-D marking.\n49 CFR 172.315 Limited quantities.\n(a) (2) The square-on-point must be durable, legible and of a size relative to the packaging, readily visible, and must be applied on at\nleast one side or one end of the outer packaging. The width of the border forming the square-on-point must be at least 2 mm and the\nminimum dimension of each side must be 100 mm unless the packaging size requires a reduced size marking that must be no less than\n50 mm on each side. When intended for transportation by vessel, a cargo transport unit (see §176.2 of this subchapter) containing\npackages of hazardous materials in only limited quantities must be marked once on each side and once on each end of the exterior of\nthe unit with an identical mark which must have minimum dimensions of 250 mm on each side.\nAccording to 49 CFR 172.315, would scenario 1 below be non-compliant? Would scenario 2 be mandated?\nScenario 1-compliant yes or no?\nSmall box (6\" x 6 X\") pre-printed with a 50 mm x 50 mm Limited Quantity marking for a hazardous material\nallowed to ship via ground as a Limited Quantity\n1\n\n<<<PAGE 3>>>\n\nScenario 2 -mandated to use a 100 mm x 100 mm Limited Quantity marking because it fits yes or no?\nSame small box (6\" x 6 W') pre-printed with a 100 mm x 100 mm Limited Quantity marking for a hazardous\nmaterial allowed to ship via ground as a Limited Quantity\nThank you,\nEric Clifford\nRegulatory Compliance Manager\nHomax Group, Inc.\nPh: 216-642-3518\n2","truncated":false,"body_characters":5268}