{"operation":"document","citation":"13-0038","title":"Monsanto Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-04-05","effective_on":null,"summary":"13-0038 response to Monsanto Company concerning 172.401.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0038.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0038.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0038","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130038.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\nAPR 0 5 ZOlJ\nMr. David W. Peters\nRegulatory Compliance Lead\nMonsanto Company\n800 North Lindgergh Boulevard\nSaint Louis, MO 63167\nReference No.: 13-0038\nDear Mr. Peters:\nThis is in response to your December 21, 2012 email to the Standards and Rulemaking\nDivision of the Office of Hazardous Materials Safety requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the display\nof Globally Harmonized System of Classification and Labelling of Chemicals (GHS)\nlabeling in conjunction with hazardous materials placards.\nYou provide a photograph of a portable tank displaying both GHS labels, and hazardous\nmaterials placards. The GHS hazard communication labels are adjacent to the required\nhazardous materials placards. Ydu ask whether the display of the GHS labels adjacent to\nthe required hazardous materials placards on the tank as depicted would constitute a\nviolation.\nThe display of the GHS labels on the tank as depicted would not constitute a violation.\nSection 172.401 (c)( 5) specifically permits packages that are labeled in conformance with\nthe GHS.\nNo Longer Valid\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSee 16-0122\n[2:16- .\nDelmer Billings ';:#\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: Kelley, Shane (PHMSA)\nSent:\nTo:\nCc:\nSubject:\nAttachments:\nWednesday, February 06, 2013 11:00 AM\nDrakeford, Carolyn (PHMSA)\nPfund, Duane (PHMSA); Billings, Delmer (PHMSA)\nFW: GHS Labeling and DOT Placarding - Opinion\nIMAG0277.jpg\nHi Carolyn\nCan you please assign this for a formal response it should be assigned to PHH-13.\nThank you,\nShane\nShane C. Kelley\nAssistant International Standards Coordinator\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\nVoice: 202-366-4359\nFAX: 202-366-5713\nFrom: PETERS, DAVID W (AG/1000) [mailto:david.w.peters@monsanto.com]\nSent: Friday, December 21, 2012 1:05PM\nTo: Kelley, Shane (PHMSA); Maureen Ruskin (Ruskin.Maureen@dol.gov)\nCc: La ndkrohn. Kathy@dot.gov\nSubject: GHS Labeling and DOT Placarding - Opinion\nHi Shane,\nI hope you have a chance to truly relax and enjoy the slower(?) pace of the holidays. I would like a quick opinion (not a\nformal interpretation) of the attached photograph.\nNo Longer Valid\nThis is an intermodal portable tank that I saw on a recent due diligence trip to the port in Jacksonville, FL. You can see\nSee 16-0122\nthat this is the primary shipping package so it could be a workplace container as well. The tank is marked for the\ninternational shipment with the proper shipping name and the UN number on the orange panel. It is placarded with the\nclass 3 placard and the environmental hazard mark. In addition it appears to be \"labeled\" for the GHS (either the CLP in\nEurope or HazCom 2012 in the US) with acute and chronic health hazards pictograms.\nAssuming that the material is classified correctly and the container is compliance in all other ways, in this case do the\npictogram size and location cause conflict with 49 CFR 17.502(a)(2) that states:\n(a) Prohibited placarding. Except as provided in paragraph (b) of this section, no person may affix or display on a\npackaging, freight container, unit load device, motor vehicle or rail car-\n(2) Any sign, advertisement, slogan (such as \"Drive Safely\"), or device that, by its color, design, shape or\ncontent, could be confused with any placard prescribed in this subpart.\nI saw similar sized pictograms on different tanks in Malaysia as well.\n1\n\n<<<PAGE 3>>>\n\nI recall the issues of possible confusion amongst transportation worker seeing the GHS pictograms and confusion with\nlabeling, etc. and that DOT would permit the pictograms on the packaging. However, in this case I am questioning the size\nand location of pictograms in relation to the placards.\nMaureen,\nI also wish you the same hopes for a relaxing holiday season!\nI gave our host a pop quiz to know if he knew what the pictograms meant. He admitted that he did not know but he also\nhad not had HazCom 2012 training. My concern is that he was the safety lead for the terminal and he had not heard of\nGHS, etc. I asked if he knew where he could get more information and he did not have any idea. I pointed him to the\nOSHA website. There is a long road ahead for the awareness and training.\nBest regards,\nDave\nDavid W Peters\nRegulatory Compliance Lead\nMonsanto Company\n800 N Lindbergh Blvd\nSaint Louis, MO 63167\nPhone: 314-694-8851\nFax: 314-694-7300\ne-Mail: david.w.peters@monsanto.com\nThis e-mail message may contain privileged and/or confidential information, and is intended to be received only\nby persons entitled\nto receive such information. If you have received this e-mail in error, please notify the sender immediately.\nPlease delete it and\nall attachments from any servers, hard drives or any other media. Other use of this e-mail by you is strictly\nprohibited.\nAll e-mails and attachments sent and received are subject to monitoring, reading and archival by Monsanto,\nNo Longer Valid\nincluding its\n\"Malware\".\nor accompanymg\nthis e-mail or any attachment.\nsubsidiaries. The recipient of this e-mail is solely responsible for checking for the presence of \"Viruses\" or other\nMonsanto, along with its subsidiaries, accepts no liability for any damage caused by any such code transmitted by\nSee 16-0122\nThe information contained in this email may be subject to the export control laws and regulations of the United\nStates, potentially\nU.S. Department of\ncomply with all\napplicable U.S. export laws and regulations.\nincluding but not limited to the Export Administration Regulations (EAR) and sanctions regulations issued by the\nTreasury, Office of Foreign Asset Controls (OFAC). As a recipient of this information you are obligated to\n2\n\n<<<PAGE 4>>>\n\nCRXU 869407 7\n311 UN PORTABLE TANK\nTO IMPACT APPROVE\nMEG - RID/ADR\n2,6m\n8'6\"\n22 T 6\nAAR6OO\nSUPER\nHEAVY\n70\nRICO AND\n2 3 09\nLon\nNo\nFLAMMABLE\n(COLD PRESSED ORANGED DES\nIMS T-13.0 CHE 173:203 ERG27\nCLASS J. UN 7319, PG/N FP 110.120 1/43\nTERPENE HYDROCARIONS,\nURS EMERGENCY TELEPHONE (0800) 255 2924 (D.S.A. CANADA,\nARGIN ISLANDS) AND 813.248.0585 (OUTSIDE THE NORTH AMERI","truncated":false,"body_characters":6394}