{"operation":"document","citation":"16-0020","title":"Nebraska State Patrol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-12-15","effective_on":null,"summary":"16-0020 response to Nebraska State Patrol concerning 172.101, 172.302, 172.332, 172.336.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0020.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0020.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0020","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160020.pdf","body":"<<>>\n\n· U.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDEC 1 5 2016\nSgt. Brad Wagner .\nHazardous Materials Coordinator\nNebraska State Patrol\n3920 West Kearney\nLincoln, NE 68524\nReference No. 16-0020\nDear Sergeant Wagner:\nThis letter is in response to your February 2, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazard\ncommunication. Specifically, you ask about the consistent display of identification (ID) numbers\non shipping papers, bulk package markings, and placards. In your letter, you provide two\nscenarios and ask whether they conform to the requirements of the HMR.\nScenario 1: The § 172.101 Hazardous Materials Table (HMT) lists two entries for diesel fuel.\nOne entry has an \"I\" in column 1 and the ID number UN1202 in column 4 indicating its use for\ninternational and domestic U.S. transportation. The other entry has a \"D\" in column 1 and the ID\nnumber NAl 993 in column 4 indicating its use for domestic U.S. transportation only. We have\nparaphrased and answered your questions as follows:\nQI. May a person mix and match ID numbers in transportation? For example, the\nshipping paper indicates ID number UN1202, but the cargo tank motor vehicle\n(CTMV) indicates ID number NA1993. Is this practice permissible under the\nHMR, or must the ID numbers be consistent?\nAl. As prescribed in§ l 72.302(a), no person may offer for transportation or transport\na hazardous material in a bulk packaging unless the packaging is marked as\nrequired by§ 172.332 with the ID number specified for the material in the\n§ 172.101 HMT. Nevertheless, although the practice is not explicitly prohibited\nby the HMR, ID numbers on shipping papers and package markings should be\nconsistent. This consistency is especially critical for emergency responders\ninvolved in an incident.\nQ2. If ID numbers are required by the HMR to be consistent and are not, is such\npractice considered a misrepresentation of the hazardous material being\ntransported even though both ID numbers refer to diesel fuel?\nA2. The answer is no. See Al.\n\n<<>>\n\nQ3.\nIf a compartmented CTMV contains diesel fuel in two different tanks and the\nshipments are described on a shipping paper with both ID numbers UN1202 and\nNA1993, are both ID numbers required to be marked on the CTMV?\nA3.\nThe answer is no. Because diesel fuel is considered a petroleum distillate, the\nexceptions provided in§ 172.336(c) require that only one of the two ID numbers\nbe displayed on the CTMV. Otherwise, because both shipments are indicated\nseparately on the shipping paper, both ID numbers would normally be required to\nbe marked on the CTMV.\nScenario 2: Section 172.338 addresses the replacement of ID numbers on placards, orange\npanels, and white square-on-point configurations and permits them to be handwritten under\ncertain circumstances. Along with your letter, you attached several photographs of handwritten\nID numbers displayed on white square-on-point configurations that were not replacements. We\nhave paraphrased and answered your questions as follows:\nQ4. When displaying an ID number on a white square-on-point configura~ion in an\ninstance that the marking is not a replacement, must it be commercially printed, or\nis it permissible to hand-write the ID number with an indelible marker?\nA4. If the white square-on-point configuration meets all the requirements for ID\nnumber markings prescribed in § 172.336(b ), the HMR allow it to be handwritten.\nThis includes the font size prescribed in paragraph (c)(l).\nQ5. Does the ID number displayed on a white square-on-point configuration need to\nbe in proximity to its corresponding placard?\nAS. The answer is yes. Section 172.336(b) requires that ID numbers be displayed on\norange panels or the plain white square-on-point display configuration in\nassociation with the required placards. Although \"in association with\" is not\ndefined in the HMR, it is understood to mean as close as practicable.\nQ6. If the answer to Q5 is yes, are the ID numbers depicted in the attached\nphotographs considered to be in proximity to their corresponding placards?\nA6. You included three photographs with your letter. It is the opinion of this Office\nthat only the second photograph meets the proximity requirements of the HMR.\nIn photographs one and three, the ID numbers are located excessively distant from\ntheir corresponding placards.\n\n<<>>\n\nQ7. A 7. Q8. A8. Under the HMR, what distance is considered to be in proximity to the placard?\nThe HMR do not prescribe specific distances between the hazard communication\nrequired of bulk packagings. Generally speaking, next to each other would be\nconsidered in association with or in proximity to the placard.\nWhat are the size requirements for ID numbers displayed on a white square-on-\npoint configuration?\nSection 172.336(b)(l) requires that the 100 mm (3.9 inch) by 215 mm (8.5 inches)\narea containing the ID number must be located as prescribed by § 172.332 ( c )(1)\nand (c)(2) and may be outlined with a solid or dotted line border. In accordance\nwith§ 172.332(c)(l), the ID number must be displayed across the center area of\nthe placard in 88 mm (3.5 inches) black Alpine Gothic or Alternate Gothic No. 3\nnumerals on a white background. For your information, we realize that there may\nbe some ambiguity in the regulatory language prescribed in this paragraph and\nintend to clarify its intent in a future rulemaking.\nI hope this information is helpful. 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<<>>\n\n~~\n~ \\12. IOl\n\\-\\ t-\\1\nI (g \"\"\"'. >>\n\nJoe,\nHere are the questions that I had for you when I spoke with you last week.\nThe § 172.101 Hazardous Materials Table lists two entries for diesel fuel one with identification\nnumber UN1202 with an I in column 1 for international transportation and the other NA1993\nwith a D in column 1 for domestic transportation. Since a person can utilize either identification\nnumber for transportation in the United States but only NAl 993 in the United States and\nCanada my questions are as follows:\nQuestion #1 - May a person mix and match ID numbers in transportation, (for example: the\nshipping paper lists UN1202 but the marking on the cargo tank displays the ID number 1993),\nor are they required to be consistent throughout?\nQuestion #2 - If ID numbers are required to be consistent throughout but are not, would it be\nconsidered as misrepresenting the material being transported even though both refer to diesel\nfuel?\nQuestion #3 - If a compartmented cargo tank is carrying diesel fuel described on a shipping\npaper with two descriptions one compartment with an ID number ofUN1202 and the other\ncompartment with an ID number ofNA1993 would the cargo tank need to be marked with both\nthe 1202 and 1993 ID numbers?\n49CFR § 172.33 8 addresses replacement of ID numbers on placards, orange panels or white\nsquare on point configurations allowing them to be handwritten. Please find attached photos of\nhandwritten ID numbers displayed on a white square on point configuration that were not\nreplacements relating to the following questions.\nQuestion #4 - When displaying ID numbers on the white square on point configuration do they\nhave to be commercially printed or can they be handwritten with an indelible marker even\nthough they are not replacements?\nQuestion #5 - Does the ID number displayed on a white square on point configuration need to\nbe in proximity to the placard?\nQuestion #6 - If the answer to question #5 is yes, would the ID numbers in the attached photos\nbe considered in proximity to the placard?\nQuestion #7 - What distance is considered to be in proximity to the placard?\nQuestion #8 - What are the size requirements for ID numbers displayed on a white square on\npoint configuration?\n2\n\n<<>>\n\nAny clarification you can provide would be greatly appreciated. Thank you for your time and\nattention in this matter.\nRespectfully,\nSgt. Brad Wagner\nHazardous Materials Coordinator\nNebraska State Patrol\n3920 West Kearney\nLincoln, NE 68524-2260\n(402) 471-0105 Phone\n( 402) 471-3295 Fax\n3\n\n<<>>\n\n...\n;-. ' . .\n. '4!lt: .. -8' . •\n0 .J ') )\n'\\ ,/\n. ,\n/ .,\n\\:) \\\n• / \"C ~· · · ·\n- ~· : 1\n\n<<>>\n\n-\nr .\n__;:\n__ ___ . .\n-\"' ~ '. ~:\n~_.. , ..... ..,. ,.\n()\n-\n-\\ l\nI I\\\nI\n\\\n.,.\n. ..\n. .\n\n<<>>\n\n.j\n·~\n\\\n· · ~ J . .;;\n: ~ ~\nI> .·... .\n·\n.>\n./\n· ~\n~- · ~\", ;.\n, . ~ - ~ ,.","truncated":false,"body_characters":10055}