Guidanceguidance
17-0001
MIdway USA — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 1Outbound Logistics Manager Midway USA 5875 West Van Horn Tavern Road Columbia, MO 65203 Reference No. 17-0001 Dear Mr. Spears: This letter is in response to your January 3, 2017, e-mail and letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the general marking requirements for non-bulk packages. You included with your letter pictures illustrating the current marking, which is displayed as "Primers Cap Type UN# 0044 1.4S," on your fiberboard package. Specifically, you ask whether your mark complies with the marking and height requirements of § 172.301(a). We have paraphrased and answered your questions as follows: Q1. You ask if the "#" symbol may be displayed after the marking "UN" and before the "identification number" on your fiberboard package. The answer is no. The "#" symbol is not part of the identification number as shown in § 172.101 of the Hazardous Materials Table (HMT). According to § 172.301(a), non- bulk packagings must be marked with the proper shipping name and identification number (preceded by "UN," "NA," or "ID") as shown in the HMT. Furthermore, the hazard classification information displayed on a non-bulk package must comply with applicable labeling requirements in accordance with § 172.411 for "Explosives 1.4." Q2. You ask if the 12 mm minimum height requirement for characters in § 172.301(a) applies to the UN identification number marking. A2. The answer is yes. The general height requirements state that the UN identification number marking must be displayed with characters at least 12 mm (0.47 inches) high. However, because your packages will be carrying less than 30 kg (66 pounds) maximum net mass of material, the characters for the UN identification number must be at least 6 mm (0.24 inches) high.#
Page 2least 6 mm (0.24 inches) high, the proper shipping name may be displayed in the same manner. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Chief, Standards Development Branch Standards and Rulemaking Division#
Page 3Please submit this for a letter of interpretation. I spoke with Mr. Spears in response to this email. Please let me know if you have any questions. Thanks, Jordan From: Spears, Bradley [mailto:BSpears@midwayusa.com] Sent: Tuesday, January 03, 2017 12:26 PM To: INFOCNTR (PHMSA) < INFOCNTR. INFOCNTR@dot.gov> Subject: Request for Interpretation of Regulations, 49 CFR 172.301 and 49 CFR 172.303 Sent on behalf of William R. Burke, Vice President, Logistics, MidwayUSA Enclosed is a signed PDF of the below written request Please respond to this email address, bspears@midwayusa Respectfully, Bradley Spears Outbound Logistics Manager MidwayUSA U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue SE Washington, DC 20590-0001 William R. Burke Vice President, Logistics 5875 West Van Horn Tavern Rd Columbia, MO 65203 Re: 49 CFR 172.301 and 49 CFR 172.303 Request for Interpretation of Regulations#
Page 4requirements for non-bulk packagings, Proper shipping name and identification number. PRIMERS CAP TYPE 1.4S UN# 0044 PRIMERS UNE 0614 0 40/Y11.3/5/11 Д/USA/+CAD038 82251512 MAB PRIMER SPEC BOX 778893 2#
Page 5We seek a written determination regarding these two interpretations, (1) the '#' in use with the marking of the identification number, and (2) minimum height requirements of the proper shipping name and identification number set forth in 49 CFR 172.301. Sincerely, William R. Burke Vice President, Logistics MidwayUSA Bradley Spears Logistics Outbound Manager | NRA Life Member bspears@midwayusa.com | 573-445-6363 x2663 5875 West Van Horn Tavern Rd. | Columbia, MO 65203 Midway Malcolm Baldrige 2009 & 2015 Recipies ational Quality Awar#
Page 6Vice President, Logistics 5875 West Van Horn Tavern Rd Columbia, MO 65203 Re: 49 CFR 172.301 and 49 CFR 172.303 Request for Interpretation of Regulations Dear Sir or Madam, MidwayUSA seeks clarification regarding our current marking displayed on our non-bulk packaging used in shipping Primers, Cap Type, UN0044. We are currently working on reprinting and re-certifying our packaging to comply with General Marking Requirements for non-bulk packagings of 49 CFR 172.301, Subpart M - Testing of Non-bulk packagings and packages, respectively. Enclosed are pictures of the actual markings as they are printed on our fiberboard packaging used in shipping primers (Primers, Cap Type, UN0044) to our Customers. In the pictures provided, we have printed 'UN# 0044' on these boxes and seek an interpretation as to whether these markings are in compliance with 49 CFR 172.301(a) - General marking requirements for non-bulk packagings, Proper shipping name and identification number. PRIMERS UN# 0044 5875 W. Van Horn Tavern Road Malcolm Baldrige National Quality Award Columbia, MO 65203 Phone 573-445-6363 2009 & 2015 Award Recipient Fax 573-446-1018 Revision Date: 11/24/2015#
Page 7LUUSA/+CA0059 B22S1512 MAB PRIMER SPEC BOX 778893 We seek the two following interpretations: 1. We interpret 'UN' as preceding the identification number as outlined in table §172.101. We interpret the '#' as not listed as a Prohibited Marking outlined in §172.303, thereby making it an acceptable marking for this non-bulk packaging. In addition, we interpret the '#, as identified in §172.334(g), refers specifically to displays outlined in §172.332 and does not apply to the marking requirements for non- bulk packagings as outlined in §172.301. We are seeking clarification of the height requirements set forth in §172.301 which took effect January 1, 2017. We interpret 'UN' and the identification number as needing to be printed with a minimum height of 12 mm (0.47 inches) and 'Primers' and 'Cap Type' must be printed with a minimum height of 6 mm (0.24 inches) as these non-bulk packagings will be carrying less than 66 Ibs. maximum net mass. We seek a written determination regarding these two interpretations, (1) the '#' in use with the marking of the identification number, and (2) minimum height requirements of the proper shipping name and identification number set forth in 49 CFR 172.301. Sincerely, Willa Back William R. Burke Vice President, Logistics MidwayUSA 5875 W. Van Horn Tavern Road Columbia, MO 65203 Phone 573-445-6363 Fax 573-446-1018 Revision Date: 11/24/2015#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.