{"operation":"document","citation":"98-0601","title":"Safety & Compliance Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-05-27","effective_on":null,"summary":"98-0601 response to Safety & Compliance Associates, Inc. concerning 172.519.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0601.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0601.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0601","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980601.pdf","body":"<<<PAGE 1>>>\n\nU.S.Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nSpecial Programs\nResearch and\nAdministration\nMAY 27 1998\nMr. Mike Lopez\nSafety & Compliance Associates,\nP.O. Box 334\nInc.\nTrussville, AL 35173\nDear Mr. Lopez:\ncertain\nThis is in response to your letter requesting clarification of\nrequirements for cylinders\nRegulations (HMR; 49 CFR Parts 171-180). Your questions are\nI, 49 CAR\nunder the Hazardous Materials\nparaphrased and answered as follows:\ne1.\nday's compression\"?\nIn § 173.302 (e), what is meant by \"representative of that\nAl. As used in $ 173.302 (e) (1), \"representative of that day's\ncompression\" means that one cylinder taken from the population of\ncylinders filled each day must be checked for verification of\ncontainer pressure.\n22. May cylinders marked with a star be filled in a cluster,\nbank, group, rack or vehicle, provided such filling occurs within\nfive years of the latest test date?\nNo. Prior to refilling the cylinder, § 173.34 (e) (16) (i)\nrequires that it must be removed from the cluster, bank, group,\nrack, or vehicle.\nThe cylinder also must be removed in order to\nperform the hammer test that is prescribed in paragraph\n(e) (16) (i) (C) .\n23. May a retest facility accept the cylinder owner's written or\nmet?\nverbal assurance that provisions in § 173.34 (e) (16) have been\nA3.\nles, unless the retest facility has reason to believe non-\ncompliance has occurred.\nMay a cargo tank transporting \"Oxygen, refrigerated liquid,\nClass 2.2, UN1073\" display a UN number on the OXYGEN placard or\nID number appear on a separate orange panel? .\nA4.\nEither may be used. Section 172.334 (a) provides for the\ndisplay of identification numbers on placards other than on a\nRADIOACTIVE, EXPLOSIVES 1.1, 1.2, 1.3, 1.4, 1.5 or 1.6,\n\n<<<PAGE 2>>>\n\nDANGEROUS, or subsidiary hazard placard. Section 172.519 (b) (3)\ndoes not permit non-text placards, which display the symbol and\nclass or division number only, for the OXYGEN placard.\nTherefore, either the identification number \"1073\" or the text\n\"OXYGEN\" must be displayed on the placard shown in § 172.520.\nQ5. May a non-bulk shipment of Class 2.1 or 2.2 material display\nID numbers on placards?\nA5.\nClass 2.1 or 2.2 materials may display ID numbers on the\nYes, transport vehicles transporting non-bulk packages of\nFLAMMABLE GAS OI NON-FLAMMABLE GAS placards in accordance with\nSS 172.332 and 172.334.\n26. A carrier has on the same vehicle a bulk package of \"Carbon\ndioxide, refrigerated-liquid, \" UN2187 and non-bulk packages under\n1,001 pounds aggregate gross weight of \"Carbon dioxide, \" UN1013.\nMay a NON-FLAMMABLE GAS placard with the ID number UN2187 be used\nwith a NON-FLAMMABLE GAS placard with no ID number, or must the\norange panel with the ID number be used?\nA6.\nBoth placarding scenarios are acceptable. Placards and ID\nmarkings are required to be displayed for bulk packages as\nprovided by § 172.514(a) (see §$ 172.302, 172.504); however, they\nare not required for the non-bulk packages.\npackages, § 172.504 (c) (1) provides a placarding exception for a\nFor non-bulk\ntransport vehicle carrying an aggregate gross weight of less than\n454 kg (1,001 lbs.) of hazardous materials covered by Table 2 of\nparagraph\n(e) of that section.\nexcluded in determining the aggregate gross weight for this\nplacarding exception.\nI hope this information is helpful. If we can be of further\nassistance, please do not hesitate to contact this office.\nSincerely,\nGear. 4. Manzulle\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 3>>>\n\n• so\nMemorandum\nof Transportation\nU.S. Department\nSpecial Programs\nResearch and\nAdministration\nDate:\nDEC 1 & 1982\nReply to Attn. of:\nSubject: Hazard Class Number on OXYGEN Placard\nFrom: Lee Metcalfe\n172,519(2)\nTo Files\nQuestion: What is the hazard class number that should appear in the lower\ncorner of the diamond on an OXYGEN placard displaying the\nidentification number \"1073\"?\nAnswer:\nThe hazard class number should be \"2\" or \"2.2\" representing the\nf the subsidiary risk of 15.l\" must not be used in place of the\nrimary hazard class of nonflammable gas. The hazard class number\n#\nFile: 195/172.519;2252\nSC: 278;162\n172.519\n\n<<<PAGE 4>>>\n\nSafety & Compliance Associates, Incan liture\nSCA\nPhone: 205/853-9874\nP.O. Box 334, Trussville, AL 35173\nFax: 205/853-2067\nFili: 173.302\nEmail: scalopez@wwisp.com\n5C. 334,396\nNovember 13, 1996\n•\nU S Department of Transportation\nOffice of Hazardous Materials Standards\nWashington, DC\n400 7th Street SW, DHM-18\nAttention: Mr. Ed Mazzullo, Director of Hazardous Materials Standards\nDear Mr. Mazzullo,\nI would appreciate help with the following questions:\n49 CFR, §173.302(e) requires the following:\n\"Each day, the pressure in a container representative of that day's compression must\nbe checked by the charging plant after the container has cooled to a settled\ntemperature and a record of this test kept for at least 30 days.\"\nWhat is meant by \"representative of that days compression\"? Compressed gas\ncharging plants typically fill several different gases in different size cylinders at\ndifferent pressures. In addition, mixtures of these gases are often filled on a single,\none-of-a-kind basis.\nIf all cylinders are charged according to similar procedures, such as\npressure/temperature charts appropriate for the particular gases, would any\nindividual cylinder charged during the day be considered \"representative of that day's\ncompression?\" If not, what is required for compliance?\n173.34(e) (15) allows some compressed gas cylinders to be hydrostatically tested\nevery 10 years instead of 5 years, provided the stated conditions are adhered\nto. May cylinders marked with a \"star\" be filled in a cluster, bank, group, rack, or\nvehicle provided such filling occurs within five years of the latest test date? /N Serie\n3.\nIn qualifying a compressed gas cylinder for 10-year hydrostatic retest, a testing\nbefore cylinder\nfacility not operated by the cylinders' owner has no way of knowing whether\nsee inferi\n$173.34(e)(15) [regarding filling in clusters, banks, groups, etc], (it, (Il), (V), or (Vii)\nhas been or will be adhered to. May such retest facility accept the cylinder owner's\nwitten or verbal assurance that these conditions wil or have been met as required yes Di a\npress in\nte tripove\n\n<<<PAGE 5>>>\n\nMr. Ed Mazzullo, Director of Hazardous Materials Standards p.2\nIf not, what is the minimum acceptable assurance a retest facility should acquire in\norder to authorize cylinders for 10-year retest periods, in accordance with\n§173.34(e)(15)? Some retest facilities a \"star\" marking from the previous test\nlowever, the Code neither requires a previous \"star\", nor does the \"star\" marking\nprovide any more assurances of compliance than the cylinder owner's verbal\nassurances.\nMay a bulk shipment of oxygen, refrigerated liquid, class 2.2, UN 1073, display a UN\nnumber on the OXYGEN placard or must the ID number appear on a separate\norange panel? §172.519 (b)(3) seems to indicate that ID numbers are not allowed\non OXYGEN placards but the issue is causing much confusion within our industry.\nMay a no uk shipment of a single class 2 or 21 materia display 1D numbers on\n6.\nA carrier has a bulk shipment of carbon dioxide (UN 2187). The same vehicle\ncontains nonbulk packages of carbon dioxide (UN 1013) less than 1001 pounds\ngross. May a NONFLAMMABLE GAS placarded numbered UN 2187 be used in\nconjunction with an unnumbered NONFLAMMABLE GAS placard, or must the\nnumbered orange panel be used? (Ref: §172.334(d)) 21//48r\nI would appreciate an expeditious handling of these important questions as phone inquiries to\nDOT have yielded several possible interpretations. Thank you for your help.\nSincerely,\nDit Igu\nMike Lopez\n\n<<<PAGE 6>>>\n\n2nd RequesT McInty e\n7\nSafety & Compliance Associates, Inc.\nSEA\nP.O. Box 334, Trussville, AL 35173\nPhone: 205/853-9874 Fax: 205/853-2067\nEmail: scalopez@wwisp.com\nNov. 8, 1996\nU S Department of Transportation\nOffice of Hazardous Materials Standards\n400 7th Street SW, DHM-18\nWashington, DC 20210\nAttention: Mr. Ed Mazzullo, Director of Hazardous Materials Standards\nDear Mr. Mazzullo,\nMy clients need help in interpreting the following requirements:\n49 CFR, §173.302(e) requires the following:\n\"Each day, the pressure in a container representative of that day's compression must\nbe checked by the charging plant after the container has cooled to a settled\ntemperature and a record of this test kept for at least 30 days.\"\nOur question involves what is meant by \"representative of that day's compression.\"\nCompressed gas charging plants typically fill several different gases in different size cylinders\nat different pressures. In addition, mixtures of these gases are often filled on a single, one-of-\na-kind basis.\nIf all cylinders are charged according to similar procedures, such as pressure/temperature\ncharts appropriate for the particular gases, would any cylinder charged during the day be\ncompliance?\nconsidered \"representative of that day's compression?\" If not, what is required for\n2.\n173.34(e)(15) allows compressed gas cylinders to be hydrostatically\nretested every 10 years instead of 5 years, provided they are not filled in a cluster, bank,\nperiod for cylinders filled in clusters to ten years. If a cylinder marked with a star is filled in a\ngroup, rack, or vehicle (and other conditions are met). The rule prohibits extending the retest\ncluster within the first five years of the most recent retest and subsequently removed from the\ncluster for individual filing, will the retest period continue for the remaining five years or must\nthe cylinder be retested?\n\n<<<PAGE 7>>>\n\nMr. Ed Mazzullo\np. 2\nIn qualifying a compressed gas cylinder for 10-year hydrostatic retest, a testing facility\nnot operated by the cylinders' owner has no way of knowing whether some\nrequirements of §173.34(e)(16) has been or will be adhered to. In particular, the\nretester does not know whether cylinders will be filled in clusters, banks, etc. as\nprohibited in (e)(16)(i), whether cylinders have been or will be in the exclusive\nrequired in (e) (16)(1)(C).\nservice(s) listed in (e)(16)(i)(B), or whether cylinders undergo hammer testing as\nWhat is the minimum acceptable assurance, if any, a retest facility should acquire in\nthese provisions? (Some retest facilities require a \"star\" marking from the previous\norder to authorize non-owned cylinders for 10-year retest periods, in accordance with\ntest. However, the Code neither requires a previous \"star\", nor does the \"star\" marking\nprovide any more assurances of compliance than the cylinder owner's verbal\nassurances.\nPlacards on bulk delivery vehicles often display the hazardous materials ID number in\nthe placard rather than on a separate orange panel. §172.519(b)(3) implies that an ID\nnumber (UN1073) must not be displayed within an 'oxygen placard for bulk deliveries.\nIs this interpretation correct?\nThank you.\nSincerely,\nDith dre\nPresident, Safety & Compliance Associates, Inc.\n\n<<<PAGE 8>>>\n\n=\nEd--\nThis response is noteworthy because it states that ID numbers may\nbe displayed on an OXYGEN placard; whereas, there is belief that\nthis is prohibited by § 172.519 (b) (3).\nbackground on the rule change.\nAttached is the\nHattie\n2/3/98\n4/3\nHattie\nDo we for that Tech\no J. James\nagree w\nQs 1-3?\nwe have their concurrence\nHalle\nEd\n\n<<<PAGE 9>>>\n\nis fedits.\nics.to:\nFederal Register / Vol. 55, No. 246 / Friday, December 21, 1990 / Rules and Regulations\n52419\nffective\nof § 171.19, the Associate Administrator\nf\nfor Hazardous Materials Safety will also\ntechnical names for n.o.s. descriptions •\nvill, in.\nassign an EX-number to that material.\non bulk packagings is withdrawn for\nthe provisions are applicable only to\nparagraph (a) are revised to clarify that\n2S:\nFor further discussion of the\nDocket HM-126C.\nconsistency with the requirements under\nnon-bulk packagings.\nement\nreclassification of Class 1 (explosive)\nider\n\"ials.\nmaterials, the reader is referred to the\nadded, essentially as proposed in Notice\nSection 172.303. A new § 172.303 is\nrevised to consolidate many of the\nSection 172.326. This section is\ndiscussion of subpart C of part 173.\nRSPA also has modified §§ 171.11,\n87-4, containing a prohibition against\n§ 172.302. The remaining provisions in\nexisting provisions and relocate them to\nect of\nose\npackages shipped in accordance with\n171.12 and 171.12a to require that\noffering or transporting a package\nidentification number unless the\nmarked with a proper shipping name or\nthis section are revised editorially.\nrevised to consolidate many of the\nSection 172.328. This section is\n3. can.\nthese sections be marked in accordance\nive\nallow conformance with other\nwith § 172.320. RSPA did not intend to\nmaterial or its residue. These provisions\npackage actually contains the identified\nexisting provisions and relocate them to\nregulations (e.g., ICAO Technical\nparallel existing provisions in\nthis section are revised editorially.\n§ 172.302. The remaining provisions in\nInstructions) in lieu of the HMR and not\n§ 173.29(d). Paragraphs (b)(1) and (b)(2)\na marking on a package is not visible\nare added to include an exception when\nrevised to consolidate many of the\nSection 172.330. This section is\nance:\nicept\nAccordingly, RSPA has modified the\nsubject these materials to § 172.320.\nand when packages are securely\nexisting provisions and relocate them to\naforementioned sections.\nthis section are revised editorially.\n§ 172.302. The remaining provisions in\ncode\n* • the U.N. Recommendations. Section\n' in Notice 87-4, to reflect the features of\n172 are changed essentially as proposed\nrequirements lound in subpart D of part\nSecton 174.301. rackage marking\nthis section are relocated to § 172.301,\nSection 172.306. The requirements of\nrevised to consolidate many of the\nSection 172.331. This section is\nte:\nel that\nand the section is removed and\n§ 172.302.\nexisting provisions and relocate them to\nerials;\n172.301 contains general marking\nrevised, essentially as proposed in\nSection 172.308. This section is\nparagraph (c)(3) is revised as proposed\nSection 172.332. In § 172.332,\nwitil:\nrequirements for non-bulk packagings.\nmarking proper shipping names and\nParagraph (a) specifies requirements for\n(a)(3) to allow the use of abbreviations\nNotice 87-4, to add a new paragraph\nidentification numbers on placards\nin Notice 87-4 to prohibit the display of\nation of\nerific\nidentification numbers. The requirement\nin the § 172.101 Table.\nwhich appear as authorized descriptions\ncorresponding to the subsidiary, rather\nto mark exemption numbers on\nrevised for clarity and to require arrows\nSection 172.312. This section is\nThis is necessary to avoid confusion\nthan the primary, hazard of a material.\ntedd\npackagings used under the terms of\nled\nent\n§ 172.301(c). As in the case of shipping\nexemption is relocated from part 107 to\n\"THIS SIDE UP\" or \"THIS END UP\".\nfor orientation markings, instead of\nthat may result from the display of\nidentification numbers on subsidiary\nname is selected to describe a\npapers, when an \"n.o.s.\" proper shipping\nsuch as when \"THIS SIDE UP\" appears\nThese text statements cause confusion\nplacards. The remaining provisions are\nitions\nthati\nrevised to include metric measurements.\nhazardous material, the technical name\non an end or \"THIS END UP\" appears\nrevised to permit display of\nSection 172.334. This section is\ntom\n'constituents (at least two) is required by\nof the hazardous constituent or\nentitled \"Poisonous hazardous\nSection 172.313. A new 172.313\nplacards, and to delete the phrase\nidentification numbers on POISON GAS\nirther\n'packagings. Paragraph (d) contains\n§ 172.301(b) to be marked on non-bulk\nis. not\nrequirement for permanently marking\nmaterials\", is added to subpart D. The\n\"§ 172.102.\"\nNotice 87-4, for marking the name of\nrequirements, proposed at § 172.306 in\nrevised to delete references to the\nSection 172.336. This section is\nCP.:\neither the consignee or consignor on\n\"POISON\" on plastic packagings used\nfor poisonous materials is relocated to\nto include metric measurements.\nhazard classes ORM-A, B, C, D or E and\nof requirements for bulk packagings\npackages. This represents a relaxation\nrequirement for marking \"Inhalation\nthis new section from § 173.24. The\nand tank cars which previously were\nother than portable tanks, cargo tanks,\nmaterials poisonous by inhalation is\nHazard\" on packages containing\n7. Subpart E: Labeling\neen-\nin subpart E of part 172 are changed to\nPackage labeling requirements found\nves\nsubject to this marking requirement.\nmarked packages, and paragraph (f) sets\nParagraph (e) addresses previously\nrelocated from $ 172.301 and is made\npackagings.\napplicable to both non-bulk and bulk\nreflect the features of the U.N.\nand format changes are made for clarity\nRecommendations. Numerous editorial\ntorth exceptions from marking\nrevised editorially for clarity and to\nSection 172.316. This section is\nL Section 172.302. Package marking\nrevised to permit display of hazard class\nand ease of use. Label graphics are\nlis\nA equirements for bulk packagings are\ndelete references to the hazard classes\nORM-A, B, C, and E.\nor division numbers in the lower corners\nes:\nUN. Recommendations. Section 172.302\nchanged to reflect the features of the\nproposed in Docket HM-181A, entitled\nSection 172.320. A new § 172.320,\nof square-on-point labels. Size\nslightly with regard to overall label size\nrequirements on labels are changed\n:of\nFor bulk packagings. The requirements\ncontains general marking requirements\nadded to subpart D. The new provision\n\"Explosive hazardous materials\", is\nate\npackagings used under the terms of\nfor marking exemption numbers on bulk\nlabels conforming to the U.N.\nand inner border size to accommodate\nrequires that packages be marked with\nrials:\nnumber) for the explosive. This will\nthe approval number (i.e., the EX-\nRecommendations without rendering\nance'\n172.302. In $ 172.302, minimum size\nemption are relocated from part 107 to\nobsolete many labels which conform to\nof explosives have been approved for\ncommunicate to carriers that packages\non labels, for other than Class 7, is\nexisting HMR requirements. Use of text\ndous.\ngurements for markings on bulk\nlimum height requirements of 100 mm\nCkagings are added to include\ntransportation. Exceptions are provided\nBLASTING AGENT, AND IRRITANT\noptional. The EXPLOSIVE A, B and C,\n3ns:\nriGh\naches) on cargo tanks and 50mm 2\n9.9 inches) on rail cars, 75 mm (3\nfur packages marked with a stock\nthe EX- number can be determined.\nnumber or product code through which\nlabels are removed. EXPLOSIVE 1.1, 1.2,\nsubsidiary hazard label, and KEEP\n1.3, 1.4. 1.5, 1.6 labels, an EXPLOSIVE\naches) on other bulk packagings. The\n*oposal (Notice 87-4) for marking\nand the introductory text preceding\nSection 172.324. In § 172.324, the title\nSUBSTANCE labels are added. Specific\nAWAY FROM FOOD and INFECTIOUS\n/\nof\n6\n\n<<<PAGE 10>>>\n\nReturn\nH Matche //\n\n<<<PAGE 11>>>\n\n52602\nFederal Register / Vol. 55, No. 248' / Friday, December 21, 1990 / Rules and Regulations\nshown in §§ 172.521 through 172.558 of\nthis subpart, as appropriate.\noutside of the solid line inner border in\neach placard is not part of the placard\n(2) The dotted line border shown on\nno larger than 10-point type.\n1725\nto specifications in the UN\n(f) Exceptions. A placard conforming\n- follow\nEXPL\nspecification. However, a dotted or solid\nneeded to indicate the full size of a\nline outer border may be used when\nRegulations may be used in place of a\nRecommendations or the TDG\nis on a background of a non-contrasting\nplacard that is part of a larger format or\nto the requirements of this subpart.\ncorresponding placard which conforms\n1.4\ncolor.\nas follows:\n75. Section 172.522 is revised to read\nindicating a hazard (for example,\n(3) For other than Class 7, text\n\"FLAMMABLE\"') is not required.\n§ 172.522 EXPLOSIVES 1.1, EXPLOSIVES\nEXPLOSIVE\norimary hazard class of a material, the\n(4) For a placard corresponding to the\n1.2 and EXPLOSIVES 1.3 placards.\nhazard class or division number must be\nEXPLOSIVES 1.1, EXPLOSIVES 1.2 and\n(a) Except for size and color, the\n*\nplacard. However, no hazard class or\ndisplayed in the lower corner of the\nfollows:\nEXPLOSIVES 1.3 placards must be as\n1\nplacard corresponding to a subsidiary\ndivision number may be displayed on a\nhazard of the material\nthis subpart must measure at least 273\n(c) Size. (1) Each placard prescribed in\n§ 172.519 of this subpart, the backgrou\n(b) In addition to complying with\nmm (10.8 inches) on each side and must\ncolor on the EXPLOSIVES 1.4 placard\n• approximately 12.7 mm (0.5 inches) from\nhave a solid line inner border\n1.4, must measure at least 64 mm 255\nmust be orange. The division numeral?\neach edge.\n(b)\nEXPLOSIVES\ninches) in height. The texi, numerals to\nthis subpart, the hazard class or division\n(2) Except as otherwise provided in\ninner border must be black.\ncolor\n§ 172\nin numerals measuring at least 41 mm\nnumber, as appropriate, must be shown\nas follows:\n77. Section 172.524 is revised to reada\n=\nmust\ninche\n1.6, п\n(1.6 inches) in height.\n§ 172.524 EXPLOSIVES 1.5 placard.\nthis subpart, when text indicating a\n(3) Except as otherwise provided in\n(a) Except for size and color, the\ninner\n1\nprinting must be in letters measuring at\nhazard is displayed on a placard, the\nEXPLOSIVES 1.5 placard must be as\n-as fo\nfollow's:\nleast 41 mm (1.6 inches) in height.\n§172\nsymbol, text, numerals and inner border\n(d) Color. (1) The background color,\nNOT\n(a)\non a placard must be as specified in\n§ 172.519 of this subpart, the background\n(b) In addition to complying with\nbe a:\n§§ 172.521 through 172.558 of this\nmust be able to withstand, without\n2) Black and any color on a placard\nEXPLOSIVES 1.2 and EXPLOSIVES 1.3\ncolor on the EXPLOSIVES 1.1,\nplacards must be orange. The '*\" shall\n1.5\ndescription of equipment designed for\n(i) A 72-hour fadeometer test (for a\nbe replaced with the appropriate\nnumerals and inner border must be\ndivision number. The symbol, text,\nBLASTING\nASTM G 26-70); and\nthis purpose, see ASTM G 23-69 or\nAGENTS\n(il) A 30-day exposure to open\nas follows:\n76. Section 172.523 is revised to read\non a placard must fall within the color\n(3) Upon visual examination, a color\n$172.523 EXPLOSIVES 1.4 ptacard.\n1\ntolerances displayed on the appropriate\nHazardous Materials Label and Placard\nXPLOSIVES 1.4 placard must be a\n(a) Except for size and color, the\nColor Tolerance Chart (see § 172.407(d)\nfollows:\nthe inner border and may extend to the\n(4) The placard color must extend to\ndesignated on each placard except the\nedge of the placard in the area\n$ 172.519 of this subpart, the backgron\n(b) In addition to complying with\ncolor on the CORROSIVE and\ncolor on the EXPLOSIVES 1.5 placard y\nmust be orange. The division numera\n§17\nRADIOACTIVE placards (black and\ninches) in height. The text, numerals an\n1.5, must measure at least 64 mm 20,3\npla,\ncoli\nyellow, respectively) must extend only\nto the inner border.\ninner border must be black.\n€\n\" bot\ncontain form identification information,\n(e) Form identification. A placard may\ninci\n§ 172.526 and a new § 172.525 is added\n78. Section 172.525 is redesignated es\nnur\nprovided that information is printed\nincluding the name of its maker,\n€\nto read as follows:\nas :\n2 of 6\n\n<<<PAGE 12>>>\n\nFederal Register./ • Vol. 56, No. 245 / Friday, December, 20, 1991 / Rules and Regulations\n66135\ncargo\nble\n- material which meets the definition of\nnare\nt to\nwhich conforms to the limited quantity\nDivision 6.1 (poisonous) material and\nthe HMR, or \"symbols,\" such as used on\noption to use \"text,\" such as used under\nwhite square-on-point configuration is\nbelieves shippers should not be required\nprovisions of § 173.153(b). COSTHA\ninternational labels, to indicate the.\nadded as a new paragraph (b)(2).\nparagraph (a), providing the option to\nhazard. Therefore, the provisions in\nrevised to exclude all bulk packagings\nSection 172.504. Paragraph (c) is\nother\need\nto apply POISON or KEEP AWAY\nFROM FOOD labels for Division 6.1\nindicate the hazard, will remain\nuse text or only symbols on labels to\nfrom the \"1000 pound exception.\" This is\ncombination packagings meeting\npoisons when packaged in UN\n§ 172.514(b) that bulk packagings\nconsistent with requirements in\nunchanged in this final rule.\ndin\n§ 178.601(g)(2).\nif an OXIDIZER label is modified to an\nParagraph (b) is revised to clarify that\ncontaining residues remain placarded.\nshipments of poisonous materials are\nRSPA disagrees. Limited quantity\n\"EXPLOSIVES 1.3\" materials. Paragraph\nParagraph (F(4) is revised to include\nmust appear on the label.\nOXYGEN label, the word \"OXYGEN\"\n'A\nrequired to be labeled under the HMR.\n(F)(9) is added requiring vehicles\nme\nlimited quantity shipments of Division\nThis provision is also extended to\nparagraph (a)(1)(ii) to require labels to\nSection 172.406. RSPA is revising\nbulk packagings that also meet the\ntransporting combustible liquids in non-\nIct\nig of\nclassification system. Exceptions are\n6.1 (poisonous) materials under the UN\nbe placed near the proper shipping\nClass 9 placard. The COMBUSTIBLE\ndisplay either the COMBUSTIBLE or\ndefinition of a Class 9 material to\n§ 172.406(a). Several petitioners\nname, as previously required under\npermitted only under the provisions of\nie\nexemptions from the regulations.\n(a)(1)(ili) to clarify that the orientation of\nrecommended adding a new paragraph\ntransporting combustible liquids in non-\nplacard need not be applied to vehicles\nexemptions authorizing the\nCurrently, there are long-standing\nlabels on a package may be shown\nbulk packagings. A new paragraph (g) is\nthe\npoisonous liquids and solids in\ntransportation of limited quantities of\norientations dictated by package size.\neither square-on-point or in other\ncompatibility group letter to be\nadded requiring the applicable\nble\npackagings which are excepted from\nbearing the POISON label (e.g., DOT-E-\nRSPA disagrees. Although it is intended\nClass 1 explosives by aircraft or vessel.\ndisplayed on placards for shipments of\nmade in § 177.841 for transporting -\n7909). RSPA notes that provision is\nis often impractical or inadvisable to do\nthat labels be shown square-on-point, it\nconcerns regarding placarding for Class\nSeveral petitioners expressed their\nAWAY FROM FOOD labels with\npackages bearing POISON or KEEP\nso. Other orientations are often\nsize limitations, but also because of\nnecessary, not just because of package\nplacard should not be required for use in\n9 materials. They stated that the Class 9\nfoodstuffs, subject to certain conditions.\nof a label on the top head of a drum\npackage shape. For example, placement\nthis country due to the fact that the vast\ned\nRSPA is reorganizing paragraph (a). In\n•Section 172.402. For regulatory clarity,\npresently shipped domestically as either\nmajority of these commodities are\nresponse to a petition, RSPA is\norientation, but is acceptable. Therefore,\ndoes not conform to a square-on-point\nare excepted from placarding.\nORMs or Consumer commodities, which\nof\nrelocating § 172.405(b) to § 172.402(b).\nredesignated as paragraphs (c) and (d).\nExisting paragraphs (b) and (c) are\nintroductory text of paragraph (e) is\nRSPA denies these petitions. The\nmotor carriers of materials in the ORM\nThe petitioners stated that intrastate\neach packaging containing a radioactive\nParagraph (d) is revised to require\nrevised for clarity.\nrevised to delete references to Office of\nSection 172.407. Paragraph (d)(4) is\nhave not been subject to 49 CFR parts\nclass, other than hazardous wastes,\none or more additional hazards, except\nmaterial that also meets the definition of\nwhich are no longer available for public\nHazardous Materials Color Charts\nSafety Regulations (FMCSR), because\n390-397, the Federal Motor Carrier\nmaterial as required by $ 172.403, and\nClass 9, to be labeled as a radioactive\ncolor standards and future rulemaking\nsale. RSPA is reviewing alternative\nthese materials were not subject to\nplacarding. They are concerned with the\nlabeled for each additional hazard.\nactivity is anticipated.\nimpact the \"Class 9\" reclassification and\nobjected to the provision in paragraph\nSection 172.405. One petitioner\nthat there was no mention of the use of\nSection 172.411. A petitioner stated\nintrastate motor carriers because they\nplacarding requirements may have on\n(a) to permit, as an option, inclusion of\nthe EXPLOSIVE subsidiary label, as\nRSPA believes it is necessary to require\nmay now be subject to the FMCSR.\ntext indicating a hazard on a label, as\n2, 3, 4, 5, 6, and 8. The petitioner stated\nprovided in paragraph (a) for classes 1,\nsuggests that some mention of the\nprescribed in § 172.411. The petitioner\nplacards for Class 9 materials both to\neliminating this descriptive language\nthat there is no safety benefit to\nincluded in § 172.402.\nEXPLOSIVE subsidiary label be\nemergency response personnel, and for\ncommunicate appropriate information to\ninclude an explanation of the use of the\nRSPA believes there is no need to\nregulations. RSPA notes that intrastate\nuniformity with the international\nand that the written description is\ntemporary dock employees who may not\nhelpful, particularly to casual or\nEXPLOSIVE subsidiary label becăuse a\nsubstances in bulk are currently subject\nmotor carriers transporting hazardous\nhazard class numbers or pictorial\nbe familiar with the significance of\nexplosive hazard, but is not classed as\nmaterial which may have a subsidiary\nresponsibility and commercial driver's\nto the FMCSR; for example, financial\n172.401(c), which is not changed by this\nsymbols. RSPA disagrees. Section\nsuch, is identified in the § 172.101 Table.\nnecessary.\nTherefore, no further explanation is\nhave adopted the FMCS and apply\nlicense requirements. Since many states\nfinal rule, allows packages of hazardous\nmaterials bearing labels which are in\nBecause some of the labels shown in the\nSections 172.411 through 172.448.\ncarriers, the display of the Class 9\nthose requirements to intrastate motor\nRecommendations, ICAO Technical\nconformance with the UN\nDocket HM-181 final rule were not\nplacard will have minimal impact.\nTDG Regulations, to be shipped in the\nInstructions, IMDG Code, and Canadian\ncorrectly displayed, all labels are\nproviding an exception from the\nOne petitioner recommended\nrepublished for clarity.\nindicating the hazard, but display\nU.S. These labels do not have text\n5. Subpart F; Placarding\nexception in § 172.504(f)(3), not to\nplacarding requirements, identical to the\nare internationally recognized.\npictorial hazard warning symbols, which\nparagraph (b) is reorganized and the\nSection 172.502. In § 172.502,\nrequire display of a NON-FLAMMABLE\nvehicle is also required to display a\nGAS placard on a motor vehicle if the\nParagraph (a) provides shippers with the\nexception in paragraph (c) allowing the\ndisplay of an identification number on a\nand notes that the petitioner provided\nPOISON GAS placard. RSPA disagrees,\n3 of 6\n\n<<<PAGE 13>>>\n\nFederal Register / Vol. 57, No. 191 / Thursday, October i, 1992 / Rules and Regulations\"\n45449\nmaterial covered in Table 2 other than\nthose materials which are poisonous by\nparagraph (a) is revised to clarify that\naddition to poisonous by inhalation.•\noutlets or having bottom outlets with\nalation. This will eliminate the\nthe placarding exception in\nserial mounted closures of a comparable\nSquirement to placard for other Table 2\n§ 172.504(c)(1) is not applicable to dual\nconfiguration. This authorization was:\nhazardous materials which are on a\nhazard materials which are subject to\ninadvertently omitted in the final rule.\ntransport venicle, but have an aggregate\n$ 172.505 (e.g., a material poisonous by\nThis oversight is corrected herein; the\ngross weight of less than 454 kg (1,001\ninhalation).\nprovision is added in new paragraph (r).\npounds). For example, as prescribed in\nSection 172.510. Paragraph (e) is\nSection 173.33. Paragraph (c)(1)(iil) ia\n§ 172.505(a), any material which is\nrevised for consistency with new\nrevised to correct a section reference •\nanother hazard class must be placarded\npoisonous by inhalation and also meets\nterminology and a section reference is\nand the phrase \"Poison B\" in paragraphs\ncorrected in paragraph (c).\n(c)(5) and (e) is replaced with UN hazard\nin accordance with $ 172,504, regardless\nSection 172.518, Paragraph (b)(3) is\nclass terminology.\nof the aggregate gross weight. This\nrevised to require the use of the text\nSection 173.115. The definition for a\nrevision modifies the legal interpretation\n\"OXYGEN\" on OXYGEN placards, for\nDivision 22 (nonflammable) gas is.\nto the Illinois Department of\nrevised to clarify that the definition \"\nTransportation issued by RSPA's office\nrequirement.\nincludes absolute pressure greater than\nof the Chief Counsel, Int. No. 88-1-RSPA\nSection 172.526. In paragraph (a)(4),\n280 kPa (41 psia) at 20°C (88°F).\nthe section reference \"$ 172.540\", which\nSection 173.120, Paragraphs (b)(1) and\npublished in the Federal Register on\nissued on February 2, 1987 and..\nwas inadvertently omitted from the list\n(b)(2) are editorially revised by:\nFebruary 26, 1990 [55 FR 6758]. :\nof placard specification sections, is\nremoving the phrase \"except Class 9\".\nParagraph (f(1) is revised to require •\nadded in appropriate numerical\nThis amendment is consistent with the\nonly the placard having the lowest\nseguence.\nrevision of the Class 9 definition in thia\ndivision number on a transport vehicle,\nSection 172.560. Paragraph (0) 18•\"\ndocument, which clarifies that a\nrail car, freight container or unit load\nrevised to clarity requirements for the\nmaterial which meets the definition of :\ndevice that contains more than one\n-Class 8 placard.\nanother hazard class, but also falls\nexplosives division. Paragraph (f)(4) is → - Bart 173: Shippers, General\nwithin one of the Class 9 criteria (e.g.,\nrevised to except OXIDIZER placards on\nRequirements for Shipments and\nhazardous substance), does not meet the\ntransport equipment which are\nPackagings\ndéfinition of Class 9, Therefore, & Class\niri\nplacarded for Division 1.1 and 1.2\n. 3 liquid which also meets the definition\nexplosives. A new paragraph (f)(10) is\nSection 173.2 The section reference for\nof a hazardous substance may be\nadded to permit the use of a POISON\nthe entry \"Oxidizer\" is corrected to read\nreclassed as a combustible liquid or\n•.i•\nplacard in place of a KEEP AWAY\n\"з 173.127м.\nshipped as a limited quantity.\n-ZOM FOOD placard.\nSection 173.22. In paragraph (a)(4), a\nSection 173.124. Paragraph (a)(3)(ii) is\nfomments received from shippers and\nsection reference \"§ 178.2(d)\" is\nrevised to correctly reference the\nairiers and their representatives\ncorrected to read \"$ 1782(c)\".\nfollowing publication of the final rule\nSection 173.23. paragraph (c) is\nburning rate test contained in appendix\nE to part 173.\nand during the regulatory review stated\ncorrected by removing \"i.e.\" and\nSection 173.133. The second entry in\nthat the Class 9 placard is unnecessary\nreplacing it with \"e.g.\nColumn 4 of the paragraph (a)(1) table is\nand unduly burdensome in domestic\nSection 173.24a. Paragraph (c)(1)(ili) is\ncorrected to indicate the correct toxicity\ntransportation. RSPA agrees with these\nrequirement for corrosive materials in\nrevised to provide an exception to the\nlimita, and the table in paragraph\ncomments and a domestic exception\n[a)(2)(i) is revised to include Packing\nfrom the Class 9 placarding\nbottles to be further packed in inner\nGroup 11 and Ill materials. In addition, in\nrequirements is added as paragraph\nreceptacles and outer packagings if the\nparagraph (a)(2)(ii), the figure 1\n(t)(9). Under this exception, Class 9\ncorrosive materials have been reclassed\nInhalation Toxicity chart is republished\nplacards are not required for domestic\nas ORM-D.\nbecause the Figure 1 appearing in the\ntransportation. Bulk packages must be\nSection 173.28. Provisions for the\n1991 CFR is not the correct Figure 1\nmarked on both sides and both ends.\nreuse of non-reusable containers (NRC)\npublished in the December 20, 1991\nwith the appropriate identification\nare reinstated as a new paragraph (e).\nrevised final rule.\nnumber displayed on orange panels or\nSection 173.31. Two references are\nSection 173.110. The definition of •\nwhite-square-on-point display\n• editorially revised in Notes I and N\nClass 9 is editorially corrected and\nconfigurations, as specified in\nfollowing Retest Table I in paragraph\nreprinted in its entirety, including the\n$ 172.338(b). This permits continued use\n(c).\nSection 173.32. Paragraphs (a)(1),\n198A, for convenience of the reader.\namendments issued under Docket HM-\nbeen required for ORM materials since\nof a method of communication that has\n(a)(3), (a)(5) and (c) are editorially\nSection 173.150. Paragraph (a) is\n1980.\n• revised to correct section references and editorially revised for the same reasons\nSection 172.505. The revision to\nto provide clarity.\nSection 173.32c. A section reference in\nas discussed under the review of\nparagraph (a) is the December 20, 1991\nparagraph (1) is revised to correct a\n$ 173.120 and to provide clarity.\nrevised final rule was intended to mean\nSection 173.154. Several commenters :\nthat duplication of the POISON or\nprinting error. A new paragraph (r) is\nadded to correct a previous oversight.\nsuggested that the provisions of\nPOISON GAS placards to indicate a •\nThe December 21, 1990 final rule\n$ 173.154(d) be revised to except from\nsubsidiary poisonous-by-inhalation\nthe HMR certain materials corrosive\nhazard was not necessary if POISON or\nrelocated the provisions contained in\nonly to steel or aluminum when\nPOISON GAS placards were already -\nthe IM Tank Table, which was a\npackaged in containers constructed of\nplayed. The wording of the revision\nseparate publication, into the HMR. In\nthe IM Tank Table, hazardous materials\n• materiala compatible with lading. RSPA\natentionally raised the question of\nagrees, and the provisions of paragraph\nRether the exception in § 172.504(c)l-)\nautorized for transport in a tank having\nbottom outlets with serial mounted\n(d) have been revised to make it clear\nmight apply to a material meeting\nclosures also were permitted to be\nthat (1) materials corrosive only to\nanother hazard class definition in\ntransported in a tank having no bottom\ntransported by rail or highway in bulk or\naluminum are not regulated when\n4. of 6\n\n<<<PAGE 14>>>\n\nPLACARDS FOR\nTANK TRUCKS, RAIL CARS\nSTOCK - FOR GREATER SAFETY REFLECTIVE PLACARDS\nREFLECTIVE PLACARDS\nFLAMMABLE\nFOR GREATER SAFETY\nGAS\nNON-FLAMMABLE\nGAS\nand with \"RESIDUE\" reverse side for RAIL in\nAvailable \"Blank\" or with preprinted numbers,\nCanada only. (Residue not required in U.S.A.)\nThe Reflective placards are designed to fit into\nT8\nslide holders on cargo tanks and tank cars.\nPS8\nTS8\nT3\nThey may be ordered with preprinted numbers\nRRV8\nRVa\nTS3\nRPS8\nPS3\nCanada), or with numbered area left blank for\non one or two sides (with RESIDUE for rail in\nRTV8\nRTV3\nRRV3\nRPS3\n2\nuse with self-adhesive vinyl numbers.\nTOXIC\nGAS\nCORROSIVE\nREFLECTIVITY\nGAS*\nONLY\nCANADA\nINCREASES SAFETY.\nALSO AVAILABLE:\n• Poly-coated Tagboard .015\n• Rigid Vinyl .018\nTS12\nPS12\nT12\n• Pressure Sensitive Vinyl .004\nAPS3\nARV12\nRV12\nARV9\nRTV12\nRPS12\n2\nATV9\nAll are durable - weather-resistant. Exceeds\n2\nthe Mullen Test of 60 PSI (414 kPa) for tag\nboard.\nCorreco\nOXYGEN\nFLAMMABLE\nTagboard\nPACKAGING\nPressure Sensitive\n100s\n100s\nShown\nReflective\nRigid Vinyl\n50s\n50s\ncatal\nBOXED\nRV26\nS26\nTagboard\nPressure Sensitive\n1000\n800\nHambhell\n2\nRAV2\nRPS2\n500\nRTV2\n3\nRigid Vinyl\nReflective 2/s\nReflective 1/s\n500\n500\n* NOTE\n*To order UN#'s simply request the part\nCOMBUSTIBLE\nnumber and the UN number\nUS ONLY\nSeries Tagboard Blank 1 Side\nEXPLANATION OF CODES\n*Series Tagboard Preprinted\n*Series Rigid Vinyl Plastic .020\nTS\nTS\nNumber 1 Side\nRPS\nPreprinted 1 Side\nRPS\nSeries Reflective Pressure Sensitive Blank\n*Series Tagboard Preprinted\nSeries Tagboard Blank 2 Sides\n*Series Reflective Pressure Sensitive\nNumber 2 Sides\nPreprinted Number\n3\nPS\nSeries Pressure Sensitive\nRRV\nRRV\nseries Reflective Rigid Vinyl Blank 1 Sid\nVinyl Blank\n* Series Reflective Rigid Viny\nPS\n* Series Pressure Sensitive\nRTV\nPreprinted 1 Side\nVinyl Preprinted Number\nSeries Reflective R","truncated":true,"body_characters":40776}