{"operation":"document","citation":"16-0122","title":"PRI International, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-07-25","effective_on":null,"summary":"16-0122 response to PRI International, Inc. concerning 172.401.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0122.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0122.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0122","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160122_edit.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJUL 2 5 2016\nMr. Vincent Vitollo\nThe Journal of HazMat Transportation\nPresident & Publisher\nPRI International, Inc.\n404 Price Street\nWest Chester, PA 19382\nReference No. 16-0122\nDear Mr. Vitollo:\nThank you for your inquiry of July 8, 2016 regarding the appearance of Globally Harmonized\nSystem for the Classification and Labelling of Chemicals (GHS) pictograms on transport\npackagings, such as portable tanks. In your correspondence, you note that we indicated under\na previous interpretation (13-0038) that the appearance of such pictograms did not constitute a\nviolation of the U.S. Hazardous Materials Regulations (HMR; 49 CFR Parts 100-180), as\nlabels conforming to the GHS (see 49 CFR § 172.401(c)) are specifically authorized. As such,\nthe display of a label not required by DOT but consistent with the GHS, while not required in\ntransportation or storage incidental thereto, is not a violation of the HMR. This includes\npackages meeting the definition of a \"bulk package\" as defined by the HMR.\nSubsequent to the issuance of interpretation letter 13-0038 the provisions of the GHS were\namended to specify that \"in transport, a GHS pictogram not required by the UN Model\nRegulations on the Transport of Dangerous Goods Model Regulations should only appear as\npart of a complete GHS label (see 1.4.10.5.4.1) and not independently.\" See GHS Rev. 6,\n1.4.10.4.4. This amendment to the GHS is consistent with OSHA's Hazard Communication\nStandard (HCS), 29 CFR § 1910.1200. The provisions of 49 CFR § 172.401 (c) apply only to\nlabeling in accordance with the GHS, and subsequently in accordance with OSHA 29 CFR\n§ 1910.1200(f).\nBased on this recent clarification to the provisions of the GHS, we are updating our response\nin interpretation letter 13-0038. We note that the examples provided in the incoming letter\nincluded GHS pictograms visible in transportation and not displayed as a part of a complete\n\n<<<PAGE 2>>>\n\nGHS label. Such display would not meet the provisions of § 172.401(c)(5) and would\ntherefore be subject to § 172.401(b) which prohibits \"any marking or label which by its color,\ndesign, or shape could be confused with or conflict with a label prescribed by\" the HMR\nWe appreciate you bringing this matter to our attention and hope this information is helpful.\nSincerely,\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nCc: Schoonover, William (PHMSA)\nSubject: Question from The Journal of HazMat Transportation\nJoe,\nAttached is a question that we are requesting be addressed by PHMSA regarding its work and progress with\nOSHA in resolving certain hazcom issues. We also are making an inquiry regarding a specific letter of\ninterpretation relative to this area. Our question is attached.\nWould you kindly advise as to when you may be able to provide a response. We were hoping to possible\npublish something on this topic in our next issue, athough our deadline may be a little tight: July 25.\nThank you. Ilook forward to hear from you.\nRegards,\nVincent Vitollo\nThe Journal of HazMat Transportation\nPresident & Publisher\nPRI International, Inc.\n(877) 429-7447\nwww.hazmatship.com\nCompliance - Security - Safety\nFor All Modes of Transportation\n3\n\n<<<PAGE 4>>>\n\nThe Journal of HazMat Transportation™\nJuly 8, 2016\nQuestion for the PHMSA\nWe understand that PHMSA is working with OSHA to resolve hazard communication concerns\nregarding the potential confusion that may result from the display of OSHA hazcom elements\non a transportation package in a situation involving an emergency response to a transportation\nincident. Can you update us on where you are in terms of working with OSHA and what\nPHMSA's objectives for this effort are?\nPHMSA issued an interpretation letter (see interpretation letter #13-0038) which allows the\nappearance of GHS pictograms the size of placards on transport packagings such as portable\ntanks. This interpretation letter appears contrary to a new GHS which states:\n\"In transport, a GHS pictogram not required by the UN Model Regulations on the\nTransport of Dangerous Goods Model Regulations should only appear as part of a\ncomplete GHS label (see 1.4.10.5.4.1) and not independently.\"\nDoes PHMSA agree that the interpretation letter is contrary to the new GHS text or does\nPHMSA still maintain that its earlier interpretation is still valid, particularly considering that\nboth PHMSA and OSHA supported the GHS clarification? Are there any plans to reconsider the\ninterpretation letter?\n- as an","truncated":false,"body_characters":4643}