{"operation":"document","citation":"13-0221","title":"3M Center — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-01-16","effective_on":null,"summary":"13-0221 response to 3M Center concerning 172.313.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0221.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0221.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0221","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130221.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\nJAN 1 6 2014\nMr. William Gramer\nPackaging Engineering, Dangerous Goods\n3M Center, 216-02N-08\nSt. Paul, MN 55144\nRef. No.: 13-0221\nDear Mr. Gramer:\nThis is in response to your email dated November 14, 2013, requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CPR Parts 171-180) relating to the\n§ 172.313(b) requirement that each non-bulk plastic outer packaging used as a single or\ncomposite packaging for materials meeting the definition of Division 6.1 shall be\npermanently marked, by embossment or other durable means with the word \"POISON.\"\nYou present a scenario where solid Division 6.1 poison materials are sealed inside an\nimpermeable plastic bag. The sealed plastic bag is placed into either a UN 1 H plastic drum\nor a UN 6HA composite drum. You contend that since the poisonous materials are\ncontained within the impermeable plastic bag and do not directly contact the interior of the\nlH plastic drum or the liner of the 6HA composite drum that the§ 172.313(b) \"POISON\"\nmarking is not required.\nYou are correct. The described packagings meet the definition of combination packagings.\nThe marking requirement of§ 172.313(b) does not apply to combination packagings.\nSection 171.8 defines a receptacle as a containment vessel for receiving and holding\nmaterials, including any means of closure. It is the opinion of this office that a plastic bag\nmeets the definition of a plastic receptacle and may be used, where suitable, as the inner\npackaging of a combination package.\nAn authorized single packaging for a hazardous material, such as the UN 6HA composite\ndrum, may contain inner receptacles, such as the sealed plastic bag, that are compatible with\nthe lading as long as the inner receptacles would not adversely affect the level of\nperformance of the packaging. The packaging would remain marked as a single packaging.\n\n<<<PAGE 2>>>\n\nA package consisting of an outer packaging and a separate inner receptacle placed within the\nouter packaging is defined as a combination packaging. Therefore, both the UN 1 H plastic\ndrum and the UN 6HA composite drum containing the separate inner receptacle (the sealed\nplastic bag) would meet the definition of a combination packaging.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\n-~ Ucl--·.« /1' ~~_{\n1\nDuane A. Pfund\n/\nInternational Standards Coordinator\nStandards and Rulemak:ing Division\n-------~-- --------------~---------~------·-\n\n<<<PAGE 3>>>\n\nDrakeford, Carol\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Friday, November 15, 2013 4:37PM\nDrakeford, Carolyn (PHMSA)\nFW: Clarification requested for 49CFR §172.313\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: wgramer@mmm.com [mailto:wgramer@mmm.com]\nSent: Thursday, November 14, 2013 6:09 PM\nTo: INFOCNTR (PHMSA)\nSubject: Clarification requested for 49CFR §172.313\nMr. Gramer would like his email submitted for a formal interpretation\nCompleted by AE via phone on 11/15/13 at 12:48 left vm\nClarification requested for Poison Marking aspect of 49CFR §172.313\nUSDOT PHMSA:\nThe text of 172.313 appears consistent with alerting users of Plastics packagings which may have had poison materials\npermeate or penetrate the polymeric walls of the package that the plastic is potentially contaminated as a result - thus,\n\"Poison\" is to be Indelibly marked to protect later users from this potential contamination.\nNow, Our question has to do with using plastics drums or composite drums which also have an inner impermeable plastic\nliner into which toxic solid is placed, sealed and then this bag is placed into a UN 1 H1, 1 H2 with or without a bung\nopening, or 6HA 1 drum with or without smaller bung in metal lid, (Any 6H*# really from 178.522), and further, there is\nnever contact between the poison and the plastic drum wall The liners are disposed of properly not re-used. The drums\ncan be re-used with new clean liners.\nWe believe the intent of 172.313 would not require the \"Poison\" marking on openings of these drums, as it is implict that the\nPoison mark is only required when permeation/contamination may have happened due to direct contact with drum wall.\nHowever the letter of the text is not explicit as to that interpretation - thus our Question:\nMay we use 1 H1 or 2 or 6HXx containers without the 'Poison' mark from 313(b) being applied near the opening(s), when we\nuse bags/liners to contain poison material and such liners prevent any toxic/poison from ever contacting the the walls of the\npackagings?\nAgain, The text of 172.313 appears consistent with an intent to allow us to do so. As text seems to require clear alert via\nthe 'Poison' marking to users of Plastics packagings which may have earlier been used for carrying toxic/poison material\nand thus had poison materials permeate or penetrate the polymeric walls of the package. Thus the purpose of the text is to\nprevent later users from unknowingly use a package where the plastic is potentially contaminated and could affect food for\nhuman or animal consumption. As such, we believe our plastic packages are not contaminated due to liners preventing\ncontact with the hazardous material and that in this specific scenario we should not have to indelibly mark our packages as\nhaving been contaminated by 'poison'. However, if so, the text seems to require this clarification.\n1\n\n<<<PAGE 4>>>\n\nPlease let me know if you need further detail before answering.\nBill Gramer\nWilliam Gramer I Specialist II, DGSA\nPackaging Engineering, Dangerous Goods.\n3M Center, 216-02N-08 I St. Paul, MN 55144 USA\nOffice: US +1651 736 1407\nwgramer@mmm.com I www.3M.com I solutions.3m.com/wps/portai/3M/en US/WW3/Country/\n(3M Internal Web site)\n3msource.mmm.com/wps/myportai/3M/en US/SourcingPackaging/Center/Reference/PkgRegulatory/\n49CFR § 172.313 Poisonous hazardous materials.\nIn addition to any other markings required by this subpart:\n(a) A material poisonous by inhalation (see §171.8 ofthis subchapter) shall be marked \"Inhalation Hazard\" in\nassociation with the required labels or placards, as appropriate, and shipping name when required. The marking\nmust be on two opposing sides of a bulk packaging. (See § 172.302(b) of this subpart for size of markings on bulk\npackages.) When the words \"Inhalation Hazard\" appear on the label, as prescribed in§§ 172.416 and 172.429, or\nplacard, as prescribed in §§ 172.540 and 172.555, the \"Inhalation Hazard\" marking is not required on the package.\n(b) Each non-bulk plastic outer packaging used as a single or composite packaging for materials meeting the\ndefinition ofDivision 6.1 (in §173.132 of this subchapter) shall be permanently marked, by embossment or other\ndurable means, with the word \"POISON\" in letters at least 6.3 mm (0.25 inch) in height. Additional text or\nsymbols related to hazard warning may be included in the marking. The marking shall be located within 150 mm\n( 6 inches) of the closure of the packaging.\n(c) A transport vehicle or freight container containing a material poisonous by inhalation in non-bulk packages\nshall be marked, on each side and each end as specified in § 172.332 or § 172.336, with the identification number\nspecified for the hazardous material in the § 172.101 table, subject to the following provisions and limitations:\n(1) The material is in Hazard Zone A orB;\n(2) The transport vehicle or freight container is loaded at one facility with 1,000 kg (2,205 pounds) or more\naggregate gross weight of the material in non-bulk packages marked with the same proper shipping name and\nidentification number; and\n(3) If the transport vehicle or freight container contains more than one material meeting the provisions of this\nparagraph (c), it shall be marked with the identification number for one material, determined as follows:\n(i) For different materials in the same hazard zone, with the identification number of the material having the\ngreatest aggregate gross weight; and\n2\n\n<<<PAGE 5>>>\n\n(ii) For different materials in both Hazard Zones A and B, with the identification number for the Hazard Zone A\nmaterial.\n(d) For a packaging containing a Division 6.1 PG III material, \"PG III\" may be marked adjacent to the POISON\nlabel. (See § 172.405( c).)\n§ 105.20Guidance and interpretations.\n(a) Hazardous materials regulations. You can obtain information and answers to your questions on compliance with the hazardous\nmaterials regulations ( 49 CFR parts 171 through 180) and interpretations of those regulations by contacting PHMSA's Office of\nHazardous Materials Safety as follows:\n(1) Call the Hazardous Materials Information Center at 1-800-467-4922 1-800-467-4922 (in Washington, DC, call (202) 366-4488\n(202) 366-4488 . The Center is staffed from 9 a.m. through 5 p.m. Eastern time, Monday through Friday except Federal holidays. After\nhours, you can leave a recorded message and your call will be returned by the next business day.\n(2) E-mail the Hazardous Materials Information Center at in(ocntr@tfot.gov.\n(3) Obtain hazardous materials safety information via the Internet at http://www.phmsa.dot.gov.\n(4) Send a letter, with your return address and a daytime telephone number, to: Office of Hazardous Materials Standards, Pipeline and\nHazardous Materials Safety Administration, Attn: PHH-10, U.S. Department of Transportation, East Building, 1200 New Jersey\nAvenue, SE., Washington, DC 20590-0001.\n(b) Federal hazardous materials transportation law and preemption. You can obtain information and answers to your questions on\nFederal hazardous materials transportation law, 49 U.S.C. 5101 et seq., and Federal preemption of State, local, and Indian tribe\nhazardous material tr2msportation requirements, by contacting PHMSA's Office of the Chief Counsel as follows:\n(1) Call the office of the Chief Counsel at (202) 366-4400 (202) 366-4400 from 9 a.m. to 5 p.m. Eastern time, Monday through Friday\nexcept Federal holidays.\n(2) Access information from the Office of the Chief Counsel via the Internet at http://www.phmsa.dot.gov.\n(3) Send a letter, with your return address and a daytime telephone number, to: Office of the Chief Counsel, Pipeline and Hazardous\nMaterials Safety Administration, Attn: PHC-10, U.S. Department ofTransportation, East Building, 1200 New Jersey Avenue, SE.,\nWashington, DC 20590-0001.\n( 4) Contact the Office of the Chief Counsel for a copy of applications for preemption determinations, waiver of preemption\ndeterminations, and inconsistency rulings received by PHMSA before February 1, 1997.\nWilliam Gramer I Specialist II, DGSA\nPackaging Engine~ering, Dangerous Goods.\n3M Center, 216-CI2N-08 I St. Paul, MN 55144 USA\nOffice: US +1651 736 1407\nwgramer@mmm.com 1 www.3M.com 1 solutions.3m.com/wps/portai/3M/en US/WW3/Country/\n(3M Internal Web site)\n3msource.mmm.com/wps/myportai/3M/en US/SourcingPackaging/Center/Reference/PkgRegulatory/\n3M Technology Advancing Every Company - 3M Products Enhancing Every Home - 3M Innovation Improving\nEvery Life-----------------------\n3","truncated":false,"body_characters":11177}