# Safety & Compliance Associates, Inc. — Hazardous Materials Safety Interpretation

- **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:** Not available
- **summary:** 98-0601 response to Safety & Compliance Associates, Inc. concerning 172.519.
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- **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>>>

U.S.Department
of Transportation
Washington, D.C.
400 Seventh Street, S.W.
20590
Special Programs
Research and
Administration
MAY 27 1998
Mr. Mike Lopez
Safety & Compliance Associates,
P.O. Box 334
Inc.
Trussville, AL 35173
Dear Mr. Lopez:
certain
This is in response to your letter requesting clarification of
requirements for cylinders
Regulations (HMR; 49 CFR Parts 171-180). Your questions are
I, 49 CAR
under the Hazardous Materials
paraphrased and answered as follows:
e1.
day's compression"?
In § 173.302 (e), what is meant by "representative of that
Al. As used in $ 173.302 (e) (1), "representative of that day's
compression" means that one cylinder taken from the population of
cylinders filled each day must be checked for verification of
container pressure.
22. May cylinders marked with a star be filled in a cluster,
bank, group, rack or vehicle, provided such filling occurs within
five years of the latest test date?
No. Prior to refilling the cylinder, § 173.34 (e) (16) (i)
requires that it must be removed from the cluster, bank, group,
rack, or vehicle.
The cylinder also must be removed in order to
perform the hammer test that is prescribed in paragraph
(e) (16) (i) (C) .
23. May a retest facility accept the cylinder owner's written or
met?
verbal assurance that provisions in § 173.34 (e) (16) have been
A3.
les, unless the retest facility has reason to believe non-
compliance has occurred.
May a cargo tank transporting "Oxygen, refrigerated liquid,
Class 2.2, UN1073" display a UN number on the OXYGEN placard or
ID number appear on a separate orange panel? .
A4.
Either may be used. Section 172.334 (a) provides for the
display of identification numbers on placards other than on a
RADIOACTIVE, EXPLOSIVES 1.1, 1.2, 1.3, 1.4, 1.5 or 1.6,

<<<PAGE 2>>>

DANGEROUS, or subsidiary hazard placard. Section 172.519 (b) (3)
does not permit non-text placards, which display the symbol and
class or division number only, for the OXYGEN placard.
Therefore, either the identification number "1073" or the text
"OXYGEN" must be displayed on the placard shown in § 172.520.
Q5. May a non-bulk shipment of Class 2.1 or 2.2 material display
ID numbers on placards?
A5.
Class 2.1 or 2.2 materials may display ID numbers on the
Yes, transport vehicles transporting non-bulk packages of
FLAMMABLE GAS OI NON-FLAMMABLE GAS placards in accordance with
SS 172.332 and 172.334.
26. A carrier has on the same vehicle a bulk package of "Carbon
dioxide, refrigerated-liquid, " UN2187 and non-bulk packages under
1,001 pounds aggregate gross weight of "Carbon dioxide, " UN1013.
May a NON-FLAMMABLE GAS placard with the ID number UN2187 be used
with a NON-FLAMMABLE GAS placard with no ID number, or must the
orange panel with the ID number be used?
A6.
Both placarding scenarios are acceptable. Placards and ID
markings are required to be displayed for bulk packages as
provided by § 172.514(a) (see §$ 172.302, 172.504); however, they
are not required for the non-bulk packages.
packages, § 172.504 (c) (1) provides a placarding exception for a
For non-bulk
transport vehicle carrying an aggregate gross weight of less than
454 kg (1,001 lbs.) of hazardous materials covered by Table 2 of
paragraph
(e) of that section.
excluded in determining the aggregate gross weight for this
placarding exception.
I hope this information is helpful. If we can be of further
assistance, please do not hesitate to contact this office.
Sincerely,
Gear. 4. Manzulle
Director, Office of Hazardous
Materials Standards

<<<PAGE 3>>>

• so
Memorandum
of Transportation
U.S. Department
Special Programs
Research and
Administration
Date:
DEC 1 & 1982
Reply to Attn. of:
Subject: Hazard Class Number on OXYGEN Placard
From: Lee Metcalfe
172,519(2)
To Files
Question: What is the hazard class number that should appear in the lower
corner of the diamond on an OXYGEN placard displaying the
identification number "1073"?
Answer:
The hazard class number should be "2" or "2.2" representing the
f the subsidiary risk of 15.l" must not be used in place of the
rimary hazard class of nonflammable gas. The hazard class number
#
File: 195/172.519;2252
SC: 278;162
172.519

<<<PAGE 4>>>

Safety & Compliance Associates, Incan liture
SCA
Phone: 205/853-9874
P.O. Box 334, Trussville, AL 35173
Fax: 205/853-2067
Fili: 173.302
Email: scalopez@wwisp.com
5C. 334,396
November 13, 1996
•
U S Department of Transportation
Office of Hazardous Materials Standards
Washington, DC
400 7th Street SW, DHM-18
Attention: Mr. Ed Mazzullo, Director of Hazardous Materials Standards
Dear Mr. Mazzullo,
I would appreciate help with the following questions:
49 CFR, §173.302(e) requires the following:
"Each day, the pressure in a container representative of that day's compression must
be checked by the charging plant after the container has cooled to a settled
temperature and a record of this test kept for at least 30 days."
What is meant by "representative of that days compression"? Compressed gas
charging plants typically fill several different gases in different size cylinders at
different pressures. In addition, mixtures of these gases are often filled on a single,
one-of-a-kind basis.
If all cylinders are charged according to similar procedures, such as
pressure/temperature charts appropriate for the particular gases, would any
individual cylinder charged during the day be considered "representative of that day's
compression?" If not, what is required for compliance?
173.34(e) (15) allows some compressed gas cylinders to be hydrostatically tested
every 10 years instead of 5 years, provided the stated conditions are adhered
to. May cylinders marked with a "star" be filled in a cluster, bank, group, rack, or
vehicle provided such filling occurs within five years of the latest test date? /N Serie
3.
In qualifying a compressed gas cylinder for 10-year hydrostatic retest, a testing
before cylinder
facility not operated by the cylinders' owner has no way of knowing whether
see inferi
$173.34(e)(15) [regarding filling in clusters, banks, groups, etc], (it, (Il), (V), or (Vii)
has been or will be adhered to. May such retest facility accept the cylinder owner's
witten or verbal assurance that these conditions wil or have been met as required yes Di a
press in
te tripove

<<<PAGE 5>>>

Mr. Ed Mazzullo, Director of Hazardous Materials Standards p.2
If not, what is the minimum acceptable assurance a retest facility should acquire in
order to authorize cylinders for 10-year retest periods, in accordance with
§173.34(e)(15)? Some retest facilities a "star" marking from the previous test
lowever, the Code neither requires a previous "star", nor does the "star" marking
provide any more assurances of compliance than the cylinder owner's verbal
assurances.
May a bulk shipment of oxygen, refrigerated liquid, class 2.2, UN 1073, display a UN
number on the OXYGEN placard or must the ID number appear on a separate
orange panel? §172.519 (b)(3) seems to indicate that ID numbers are not allowed
on OXYGEN placards but the issue is causing much confusion within our industry.
May a no uk shipment of a single class 2 or 21 materia display 1D numbers on
6.
A carrier has a bulk shipment of carbon dioxide (UN 2187). The same vehicle
contains nonbulk packages of carbon dioxide (UN 1013) less than 1001 pounds
gross. May a NONFLAMMABLE GAS placarded numbered UN 2187 be used in
conjunction with an unnumbered NONFLAMMABLE GAS placard, or must the
numbered orange panel be used? (Ref: §172.334(d)) 21//48r
I would appreciate an expeditious handling of these important questions as phone inquiries to
DOT have yielded several possible interpretations. Thank you for your help.
Sincerely,
Dit Igu
Mike Lopez

<<<PAGE 6>>>

2nd RequesT McInty e
7
Safety & Compliance Associates, Inc.
SEA
P.O. Box 334, Trussville, AL 35173
Phone: 205/853-9874 Fax: 205/853-2067
Email: scalopez@wwisp.com
Nov. 8, 1996
U S Department of Transportation
Office of Hazardous Materials Standards
400 7th Street SW, DHM-18
Washington, DC 20210
Attention: Mr. Ed Mazzullo, Director of Hazardous Materials Standards
Dear Mr. Mazzullo,
My clients need help in interpreting the following requirements:
49 CFR, §173.302(e) requires the following:
"Each day, the pressure in a container representative of that day's compression must
be checked by the charging plant after the container has cooled to a settled
temperature and a record of this test kept for at least 30 days."
Our question involves what is meant by "representative of that day's compression."
Compressed gas charging plants typically fill several different gases in different size cylinders
at different pressures. In addition, mixtures of these gases are often filled on a single, one-of-
a-kind basis.
If all cylinders are charged according to similar procedures, such as pressure/temperature
charts appropriate for the particular gases, would any cylinder charged during the day be
compliance?
considered "representative of that day's compression?" If not, what is required for
2.
173.34(e)(15) allows compressed gas cylinders to be hydrostatically
retested every 10 years instead of 5 years, provided they are not filled in a cluster, bank,
period for cylinders filled in clusters to ten years. If a cylinder marked with a star is filled in a
group, rack, or vehicle (and other conditions are met). The rule prohibits extending the retest
cluster within the first five years of the most recent retest and subsequently removed from the
cluster for individual filing, will the retest period continue for the remaining five years or must
the cylinder be retested?

<<<PAGE 7>>>

Mr. Ed Mazzullo
p. 2
In qualifying a compressed gas cylinder for 10-year hydrostatic retest, a testing facility
not operated by the cylinders' owner has no way of knowing whether some
requirements of §173.34(e)(16) has been or will be adhered to. In particular, the
retester does not know whether cylinders will be filled in clusters, banks, etc. as
prohibited in (e)(16)(i), whether cylinders have been or will be in the exclusive
required in (e) (16)(1)(C).
service(s) listed in (e)(16)(i)(B), or whether cylinders undergo hammer testing as
What is the minimum acceptable assurance, if any, a retest facility should acquire in
these provisions? (Some retest facilities require a "star" marking from the previous
order to authorize non-owned cylinders for 10-year retest periods, in accordance with
test. However, the Code neither requires a previous "star", nor does the "star" marking
provide any more assurances of compliance than the cylinder owner's verbal
assurances.
Placards on bulk delivery vehicles often display the hazardous materials ID number in
the placard rather than on a separate orange panel. §172.519(b)(3) implies that an ID
number (UN1073) must not be displayed within an 'oxygen placard for bulk deliveries.
Is this interpretation correct?
Thank you.
Sincerely,
Dith dre
President, Safety & Compliance Associates, Inc.

<<<PAGE 8>>>

=
Ed--
This response is noteworthy because it states that ID numbers may
be displayed on an OXYGEN placard; whereas, there is belief that
this is prohibited by § 172.519 (b) (3).
background on the rule change.
Attached is the
Hattie
2/3/98
4/3
Hattie
Do we for that Tech
o J. James
agree w
Qs 1-3?
we have their concurrence
Halle
Ed

<<<PAGE 9>>>

is fedits.
ics.to:
Federal Register / Vol. 55, No. 246 / Friday, December 21, 1990 / Rules and Regulations
52419
ffective
of § 171.19, the Associate Administrator
f
for Hazardous Materials Safety will also
technical names for n.o.s. descriptions •
vill, in.
assign an EX-number to that material.
on bulk packagings is withdrawn for
the provisions are applicable only to
paragraph (a) are revised to clarify that
2S:
For further discussion of the
Docket HM-126C.
consistency with the requirements under
non-bulk packagings.
ement
reclassification of Class 1 (explosive)
ider
"ials.
materials, the reader is referred to the
added, essentially as proposed in Notice
Section 172.303. A new § 172.303 is
revised to consolidate many of the
Section 172.326. This section is
discussion of subpart C of part 173.
RSPA also has modified §§ 171.11,
87-4, containing a prohibition against
§ 172.302. The remaining provisions in
existing provisions and relocate them to
ect of
ose
packages shipped in accordance with
171.12 and 171.12a to require that
offering or transporting a package
identification number unless the
marked with a proper shipping name or
this section are revised editorially.
revised to consolidate many of the
Section 172.328. This section is
3. can.
these sections be marked in accordance
ive
allow conformance with other
with § 172.320. RSPA did not intend to
material or its residue. These provisions
package actually contains the identified
existing provisions and relocate them to
regulations (e.g., ICAO Technical
parallel existing provisions in
this section are revised editorially.
§ 172.302. The remaining provisions in
Instructions) in lieu of the HMR and not
§ 173.29(d). Paragraphs (b)(1) and (b)(2)
a marking on a package is not visible
are added to include an exception when
revised to consolidate many of the
Section 172.330. This section is
ance:
icept
Accordingly, RSPA has modified the
subject these materials to § 172.320.
and when packages are securely
existing provisions and relocate them to
aforementioned sections.
this section are revised editorially.
§ 172.302. The remaining provisions in
code
* • the U.N. Recommendations. Section
' in Notice 87-4, to reflect the features of
172 are changed essentially as proposed
requirements lound in subpart D of part
Secton 174.301. rackage marking
this section are relocated to § 172.301,
Section 172.306. The requirements of
revised to consolidate many of the
Section 172.331. This section is
te:
el that
and the section is removed and
§ 172.302.
existing provisions and relocate them to
erials;
172.301 contains general marking
revised, essentially as proposed in
Section 172.308. This section is
paragraph (c)(3) is revised as proposed
Section 172.332. In § 172.332,
witil:
requirements for non-bulk packagings.
marking proper shipping names and
Paragraph (a) specifies requirements for
(a)(3) to allow the use of abbreviations
Notice 87-4, to add a new paragraph
identification numbers on placards
in Notice 87-4 to prohibit the display of
ation of
erific
identification numbers. The requirement
in the § 172.101 Table.
which appear as authorized descriptions
corresponding to the subsidiary, rather
to mark exemption numbers on
revised for clarity and to require arrows
Section 172.312. This section is
This is necessary to avoid confusion
than the primary, hazard of a material.
tedd
packagings used under the terms of
led
ent
§ 172.301(c). As in the case of shipping
exemption is relocated from part 107 to
"THIS SIDE UP" or "THIS END UP".
for orientation markings, instead of
that may result from the display of
identification numbers on subsidiary
name is selected to describe a
papers, when an "n.o.s." proper shipping
such as when "THIS SIDE UP" appears
These text statements cause confusion
placards. The remaining provisions are
itions
thati
revised to include metric measurements.
hazardous material, the technical name
on an end or "THIS END UP" appears
revised to permit display of
Section 172.334. This section is
tom
'constituents (at least two) is required by
of the hazardous constituent or
entitled "Poisonous hazardous
Section 172.313. A new 172.313
placards, and to delete the phrase
identification numbers on POISON GAS
irther
'packagings. Paragraph (d) contains
§ 172.301(b) to be marked on non-bulk
is. not
requirement for permanently marking
materials", is added to subpart D. The
"§ 172.102."
Notice 87-4, for marking the name of
requirements, proposed at § 172.306 in
revised to delete references to the
Section 172.336. This section is
CP.:
either the consignee or consignor on
"POISON" on plastic packagings used
for poisonous materials is relocated to
to include metric measurements.
hazard classes ORM-A, B, C, D or E and
of requirements for bulk packagings
packages. This represents a relaxation
requirement for marking "Inhalation
this new section from § 173.24. The
and tank cars which previously were
other than portable tanks, cargo tanks,
materials poisonous by inhalation is
Hazard" on packages containing
7. Subpart E: Labeling
een-
in subpart E of part 172 are changed to
Package labeling requirements found
ves
subject to this marking requirement.
marked packages, and paragraph (f) sets
Paragraph (e) addresses previously
relocated from $ 172.301 and is made
packagings.
applicable to both non-bulk and bulk
reflect the features of the U.N.
and format changes are made for clarity
Recommendations. Numerous editorial
torth exceptions from marking
revised editorially for clarity and to
Section 172.316. This section is
L Section 172.302. Package marking
revised to permit display of hazard class
and ease of use. Label graphics are
lis
A equirements for bulk packagings are
delete references to the hazard classes
ORM-A, B, C, and E.
or division numbers in the lower corners
es:
UN. Recommendations. Section 172.302
changed to reflect the features of the
proposed in Docket HM-181A, entitled
Section 172.320. A new § 172.320,
of square-on-point labels. Size
slightly with regard to overall label size
requirements on labels are changed
:of
For bulk packagings. The requirements
contains general marking requirements
added to subpart D. The new provision
"Explosive hazardous materials", is
ate
packagings used under the terms of
for marking exemption numbers on bulk
labels conforming to the U.N.
and inner border size to accommodate
requires that packages be marked with
rials:
number) for the explosive. This will
the approval number (i.e., the EX-
Recommendations without rendering
ance'
172.302. In $ 172.302, minimum size
emption are relocated from part 107 to
obsolete many labels which conform to
of explosives have been approved for
communicate to carriers that packages
on labels, for other than Class 7, is
existing HMR requirements. Use of text
dous.
gurements for markings on bulk
limum height requirements of 100 mm
Ckagings are added to include
transportation. Exceptions are provided
BLASTING AGENT, AND IRRITANT
optional. The EXPLOSIVE A, B and C,
3ns:
riGh
aches) on cargo tanks and 50mm 2
9.9 inches) on rail cars, 75 mm (3
fur packages marked with a stock
the EX- number can be determined.
number or product code through which
labels are removed. EXPLOSIVE 1.1, 1.2,
subsidiary hazard label, and KEEP
1.3, 1.4. 1.5, 1.6 labels, an EXPLOSIVE
aches) on other bulk packagings. The
*oposal (Notice 87-4) for marking
and the introductory text preceding
Section 172.324. In § 172.324, the title
SUBSTANCE labels are added. Specific
AWAY FROM FOOD and INFECTIOUS
/
of
6

<<<PAGE 10>>>

Return
H Matche //

<<<PAGE 11>>>

52602
Federal Register / Vol. 55, No. 248' / Friday, December 21, 1990 / Rules and Regulations
shown in §§ 172.521 through 172.558 of
this subpart, as appropriate.
outside of the solid line inner border in
each placard is not part of the placard
(2) The dotted line border shown on
no larger than 10-point type.
1725
to specifications in the UN
(f) Exceptions. A placard conforming
- follow
EXPL
specification. However, a dotted or solid
needed to indicate the full size of a
line outer border may be used when
Regulations may be used in place of a
Recommendations or the TDG
is on a background of a non-contrasting
placard that is part of a larger format or
to the requirements of this subpart.
corresponding placard which conforms
1.4
color.
as follows:
75. Section 172.522 is revised to read
indicating a hazard (for example,
(3) For other than Class 7, text
"FLAMMABLE"') is not required.
§ 172.522 EXPLOSIVES 1.1, EXPLOSIVES
EXPLOSIVE
orimary hazard class of a material, the
(4) For a placard corresponding to the
1.2 and EXPLOSIVES 1.3 placards.
hazard class or division number must be
EXPLOSIVES 1.1, EXPLOSIVES 1.2 and
(a) Except for size and color, the
*
placard. However, no hazard class or
displayed in the lower corner of the
follows:
EXPLOSIVES 1.3 placards must be as
1
placard corresponding to a subsidiary
division number may be displayed on a
hazard of the material
this subpart must measure at least 273
(c) Size. (1) Each placard prescribed in
§ 172.519 of this subpart, the backgrou
(b) In addition to complying with
mm (10.8 inches) on each side and must
color on the EXPLOSIVES 1.4 placard
• approximately 12.7 mm (0.5 inches) from
have a solid line inner border
1.4, must measure at least 64 mm 255
must be orange. The division numeral?
each edge.
(b)
EXPLOSIVES
inches) in height. The texi, numerals to
this subpart, the hazard class or division
(2) Except as otherwise provided in
inner border must be black.
color
§ 172
in numerals measuring at least 41 mm
number, as appropriate, must be shown
as follows:
77. Section 172.524 is revised to reada
=
must
inche
1.6, п
(1.6 inches) in height.
§ 172.524 EXPLOSIVES 1.5 placard.
this subpart, when text indicating a
(3) Except as otherwise provided in
(a) Except for size and color, the
inner
1
printing must be in letters measuring at
hazard is displayed on a placard, the
EXPLOSIVES 1.5 placard must be as
-as fo
follow's:
least 41 mm (1.6 inches) in height.
§172
symbol, text, numerals and inner border
(d) Color. (1) The background color,
NOT
(a)
on a placard must be as specified in
§ 172.519 of this subpart, the background
(b) In addition to complying with
be a:
§§ 172.521 through 172.558 of this
must be able to withstand, without
2) Black and any color on a placard
EXPLOSIVES 1.2 and EXPLOSIVES 1.3
color on the EXPLOSIVES 1.1,
placards must be orange. The '*" shall
1.5
description of equipment designed for
(i) A 72-hour fadeometer test (for a
be replaced with the appropriate
numerals and inner border must be
division number. The symbol, text,
BLASTING
ASTM G 26-70); and
this purpose, see ASTM G 23-69 or
AGENTS
(il) A 30-day exposure to open
as follows:
76. Section 172.523 is revised to read
on a placard must fall within the color
(3) Upon visual examination, a color
$172.523 EXPLOSIVES 1.4 ptacard.
1
tolerances displayed on the appropriate
Hazardous Materials Label and Placard
XPLOSIVES 1.4 placard must be a
(a) Except for size and color, the
Color Tolerance Chart (see § 172.407(d)
follows:
the inner border and may extend to the
(4) The placard color must extend to
designated on each placard except the
edge of the placard in the area
$ 172.519 of this subpart, the backgron
(b) In addition to complying with
color on the CORROSIVE and
color on the EXPLOSIVES 1.5 placard y
must be orange. The division numera
§17
RADIOACTIVE placards (black and
inches) in height. The text, numerals an
1.5, must measure at least 64 mm 20,3
pla,
coli
yellow, respectively) must extend only
to the inner border.
inner border must be black.
€
" bot
contain form identification information,
(e) Form identification. A placard may
inci
§ 172.526 and a new § 172.525 is added
78. Section 172.525 is redesignated es
nur
provided that information is printed
including the name of its maker,
€
to read as follows:
as :
2 of 6

<<<PAGE 12>>>

Federal Register./ • Vol. 56, No. 245 / Friday, December, 20, 1991 / Rules and Regulations
66135
cargo
ble
- material which meets the definition of
nare
t to
which conforms to the limited quantity
Division 6.1 (poisonous) material and
the HMR, or "symbols," such as used on
option to use "text," such as used under
white square-on-point configuration is
believes shippers should not be required
provisions of § 173.153(b). COSTHA
international labels, to indicate the.
added as a new paragraph (b)(2).
paragraph (a), providing the option to
hazard. Therefore, the provisions in
revised to exclude all bulk packagings
Section 172.504. Paragraph (c) is
other
eed
to apply POISON or KEEP AWAY
FROM FOOD labels for Division 6.1
indicate the hazard, will remain
use text or only symbols on labels to
from the "1000 pound exception." This is
combination packagings meeting
poisons when packaged in UN
§ 172.514(b) that bulk packagings
consistent with requirements in
unchanged in this final rule.
din
§ 178.601(g)(2).
if an OXIDIZER label is modified to an
Paragraph (b) is revised to clarify that
containing residues remain placarded.
shipments of poisonous materials are
RSPA disagrees. Limited quantity
"EXPLOSIVES 1.3" materials. Paragraph
Paragraph (F(4) is revised to include
must appear on the label.
OXYGEN label, the word "OXYGEN"
'A
required to be labeled under the HMR.
(F)(9) is added requiring vehicles
me
limited quantity shipments of Division
This provision is also extended to
paragraph (a)(1)(ii) to require labels to
Section 172.406. RSPA is revising
bulk packagings that also meet the
transporting combustible liquids in non-
Ict
ig of
classification system. Exceptions are
6.1 (poisonous) materials under the UN
be placed near the proper shipping
Class 9 placard. The COMBUSTIBLE
display either the COMBUSTIBLE or
definition of a Class 9 material to
§ 172.406(a). Several petitioners
name, as previously required under
permitted only under the provisions of
ie
exemptions from the regulations.
(a)(1)(ili) to clarify that the orientation of
recommended adding a new paragraph
transporting combustible liquids in non-
placard need not be applied to vehicles
exemptions authorizing the
Currently, there are long-standing
labels on a package may be shown
bulk packagings. A new paragraph (g) is
the
poisonous liquids and solids in
transportation of limited quantities of
orientations dictated by package size.
either square-on-point or in other
compatibility group letter to be
added requiring the applicable
ble
packagings which are excepted from
bearing the POISON label (e.g., DOT-E-
RSPA disagrees. Although it is intended
Class 1 explosives by aircraft or vessel.
displayed on placards for shipments of
made in § 177.841 for transporting -
7909). RSPA notes that provision is
is often impractical or inadvisable to do
that labels be shown square-on-point, it
concerns regarding placarding for Class
Several petitioners expressed their
AWAY FROM FOOD labels with
packages bearing POISON or KEEP
so. Other orientations are often
size limitations, but also because of
necessary, not just because of package
placard should not be required for use in
9 materials. They stated that the Class 9
foodstuffs, subject to certain conditions.
of a label on the top head of a drum
package shape. For example, placement
this country due to the fact that the vast
ed
RSPA is reorganizing paragraph (a). In
•Section 172.402. For regulatory clarity,
presently shipped domestically as either
majority of these commodities are
response to a petition, RSPA is
orientation, but is acceptable. Therefore,
does not conform to a square-on-point
are excepted from placarding.
ORMs or Consumer commodities, which
of
relocating § 172.405(b) to § 172.402(b).
redesignated as paragraphs (c) and (d).
Existing paragraphs (b) and (c) are
introductory text of paragraph (e) is
RSPA denies these petitions. The
motor carriers of materials in the ORM
The petitioners stated that intrastate
each packaging containing a radioactive
Paragraph (d) is revised to require
revised for clarity.
revised to delete references to Office of
Section 172.407. Paragraph (d)(4) is
have not been subject to 49 CFR parts
class, other than hazardous wastes,
one or more additional hazards, except
material that also meets the definition of
which are no longer available for public
Hazardous Materials Color Charts
Safety Regulations (FMCSR), because
390-397, the Federal Motor Carrier
material as required by $ 172.403, and
Class 9, to be labeled as a radioactive
color standards and future rulemaking
sale. RSPA is reviewing alternative
these materials were not subject to
placarding. They are concerned with the
labeled for each additional hazard.
activity is anticipated.
impact the "Class 9" reclassification and
objected to the provision in paragraph
Section 172.405. One petitioner
that there was no mention of the use of
Section 172.411. A petitioner stated
intrastate motor carriers because they
placarding requirements may have on
(a) to permit, as an option, inclusion of
the EXPLOSIVE subsidiary label, as
RSPA believes it is necessary to require
may now be subject to the FMCSR.
text indicating a hazard on a label, as
2, 3, 4, 5, 6, and 8. The petitioner stated
provided in paragraph (a) for classes 1,
suggests that some mention of the
prescribed in § 172.411. The petitioner
placards for Class 9 materials both to
eliminating this descriptive language
that there is no safety benefit to
included in § 172.402.
EXPLOSIVE subsidiary label be
emergency response personnel, and for
communicate appropriate information to
include an explanation of the use of the
RSPA believes there is no need to
regulations. RSPA notes that intrastate
uniformity with the international
and that the written description is
temporary dock employees who may not
helpful, particularly to casual or
EXPLOSIVE subsidiary label becăuse a
substances in bulk are currently subject
motor carriers transporting hazardous
hazard class numbers or pictorial
be familiar with the significance of
explosive hazard, but is not classed as
material which may have a subsidiary
responsibility and commercial driver's
to the FMCSR; for example, financial
172.401(c), which is not changed by this
symbols. RSPA disagrees. Section
such, is identified in the § 172.101 Table.
necessary.
Therefore, no further explanation is
have adopted the FMCS and apply
license requirements. Since many states
final rule, allows packages of hazardous
materials bearing labels which are in
Because some of the labels shown in the
Sections 172.411 through 172.448.
carriers, the display of the Class 9
those requirements to intrastate motor
Recommendations, ICAO Technical
conformance with the UN
Docket HM-181 final rule were not
placard will have minimal impact.
TDG Regulations, to be shipped in the
Instructions, IMDG Code, and Canadian
correctly displayed, all labels are
providing an exception from the
One petitioner recommended
republished for clarity.
indicating the hazard, but display
U.S. These labels do not have text
5. Subpart F; Placarding
exception in § 172.504(f)(3), not to
placarding requirements, identical to the
are internationally recognized.
pictorial hazard warning symbols, which
paragraph (b) is reorganized and the
Section 172.502. In § 172.502,
require display of a NON-FLAMMABLE
vehicle is also required to display a
GAS placard on a motor vehicle if the
Paragraph (a) provides shippers with the
exception in paragraph (c) allowing the
display of an identification number on a
and notes that the petitioner provided
POISON GAS placard. RSPA disagrees,
3 of 6

<<<PAGE 13>>>

Federal Register / Vol. 57, No. 191 / Thursday, October i, 1992 / Rules and Regulations"
45449
material covered in Table 2 other than
those materials which are poisonous by
paragraph (a) is revised to clarify that
addition to poisonous by inhalation.•
outlets or having bottom outlets with
alation. This will eliminate the
the placarding exception in
serial mounted closures of a comparable
Squirement to placard for other Table 2
§ 172.504(c)(1) is not applicable to dual
configuration. This authorization was:
hazardous materials which are on a
hazard materials which are subject to
inadvertently omitted in the final rule.
transport venicle, but have an aggregate
$ 172.505 (e.g., a material poisonous by
This oversight is corrected herein; the
gross weight of less than 454 kg (1,001
inhalation).
provision is added in new paragraph (r).
pounds). For example, as prescribed in
Section 172.510. Paragraph (e) is
Section 173.33. Paragraph (c)(1)(iil) ia
§ 172.505(a), any material which is
revised for consistency with new
revised to correct a section reference •
another hazard class must be placarded
poisonous by inhalation and also meets
terminology and a section reference is
and the phrase "Poison B" in paragraphs
corrected in paragraph (c).
(c)(5) and (e) is replaced with UN hazard
in accordance with $ 172,504, regardless
Section 172.518, Paragraph (b)(3) is
class terminology.
of the aggregate gross weight. This
revised to require the use of the text
Section 173.115. The definition for a
revision modifies the legal interpretation
"OXYGEN" on OXYGEN placards, for
Division 22 (nonflammable) gas is.
to the Illinois Department of
revised to clarify that the definition "
Transportation issued by RSPA's office
requirement.
includes absolute pressure greater than
of the Chief Counsel, Int. No. 88-1-RSPA
Section 172.526. In paragraph (a)(4),
280 kPa (41 psia) at 20°C (88°F).
the section reference "$ 172.540", which
Section 173.120, Paragraphs (b)(1) and
published in the Federal Register on
issued on February 2, 1987 and..
was inadvertently omitted from the list
(b)(2) are editorially revised by:
February 26, 1990 [55 FR 6758]. :
of placard specification sections, is
removing the phrase "except Class 9".
Paragraph (f(1) is revised to require •
added in appropriate numerical
This amendment is consistent with the
only the placard having the lowest
seguence.
revision of the Class 9 definition in thia
division number on a transport vehicle,
Section 172.560. Paragraph (0) 18•"
document, which clarifies that a
rail car, freight container or unit load
revised to clarity requirements for the
material which meets the definition of :
device that contains more than one
-Class 8 placard.
another hazard class, but also falls
explosives division. Paragraph (f)(4) is → - Bart 173: Shippers, General
within one of the Class 9 criteria (e.g.,
revised to except OXIDIZER placards on
Requirements for Shipments and
hazardous substance), does not meet the
transport equipment which are
Packagings
définition of Class 9, Therefore, & Class
iri
placarded for Division 1.1 and 1.2
. 3 liquid which also meets the definition
explosives. A new paragraph (f)(10) is
Section 173.2 The section reference for
of a hazardous substance may be
added to permit the use of a POISON
the entry "Oxidizer" is corrected to read
reclassed as a combustible liquid or
•.i•
placard in place of a KEEP AWAY
"з 173.127м.
shipped as a limited quantity.
-ZOM FOOD placard.
Section 173.22. In paragraph (a)(4), a
Section 173.124. Paragraph (a)(3)(ii) is
fomments received from shippers and
section reference "§ 178.2(d)" is
revised to correctly reference the
airiers and their representatives
corrected to read "$ 1782(c)".
following publication of the final rule
Section 173.23. paragraph (c) is
burning rate test contained in appendix
E to part 173.
and during the regulatory review stated
corrected by removing "i.e." and
Section 173.133. The second entry in
that the Class 9 placard is unnecessary
replacing it with "e.g.
Column 4 of the paragraph (a)(1) table is
and unduly burdensome in domestic
Section 173.24a. Paragraph (c)(1)(ili) is
corrected to indicate the correct toxicity
transportation. RSPA agrees with these
requirement for corrosive materials in
revised to provide an exception to the
limita, and the table in paragraph
comments and a domestic exception
[a)(2)(i) is revised to include Packing
from the Class 9 placarding
bottles to be further packed in inner
Group 11 and Ill materials. In addition, in
requirements is added as paragraph
receptacles and outer packagings if the
paragraph (a)(2)(ii), the figure 1
(t)(9). Under this exception, Class 9
corrosive materials have been reclassed
Inhalation Toxicity chart is republished
placards are not required for domestic
as ORM-D.
because the Figure 1 appearing in the
transportation. Bulk packages must be
Section 173.28. Provisions for the
1991 CFR is not the correct Figure 1
marked on both sides and both ends.
reuse of non-reusable containers (NRC)
published in the December 20, 1991
with the appropriate identification
are reinstated as a new paragraph (e).
revised final rule.
number displayed on orange panels or
Section 173.31. Two references are
Section 173.110. The definition of •
white-square-on-point display
• editorially revised in Notes I and N
Class 9 is editorially corrected and
configurations, as specified in
following Retest Table I in paragraph
reprinted in its entirety, including the
$ 172.338(b). This permits continued use
(c).
Section 173.32. Paragraphs (a)(1),
198A, for convenience of the reader.
amendments issued under Docket HM-
been required for ORM materials since
of a method of communication that has
(a)(3), (a)(5) and (c) are editorially
Section 173.150. Paragraph (a) is
1980.
• revised to correct section references and editorially revised for the same reasons
Section 172.505. The revision to
to provide clarity.
Section 173.32c. A section reference in
as discussed under the review of
paragraph (a) is the December 20, 1991
paragraph (1) is revised to correct a
$ 173.120 and to provide clarity.
revised final rule was intended to mean
Section 173.154. Several commenters :
that duplication of the POISON or
printing error. A new paragraph (r) is
added to correct a previous oversight.
suggested that the provisions of
POISON GAS placards to indicate a •
The December 21, 1990 final rule
$ 173.154(d) be revised to except from
subsidiary poisonous-by-inhalation
the HMR certain materials corrosive
hazard was not necessary if POISON or
relocated the provisions contained in
only to steel or aluminum when
POISON GAS placards were already -
the IM Tank Table, which was a
packaged in containers constructed of
played. The wording of the revision
separate publication, into the HMR. In
the IM Tank Table, hazardous materials
• materiala compatible with lading. RSPA
atentionally raised the question of
agrees, and the provisions of paragraph
Rether the exception in § 172.504(c)l-)
autorized for transport in a tank having
bottom outlets with serial mounted
(d) have been revised to make it clear
might apply to a material meeting
closures also were permitted to be
that (1) materials corrosive only to
another hazard class definition in
transported in a tank having no bottom
transported by rail or highway in bulk or
aluminum are not regulated when
4. of 6

<<<PAGE 14>>>

PLACARDS FOR
TANK TRUCKS, RAIL CARS
STOCK - FOR GREATER SAFETY REFLECTIVE PLACARDS
REFLECTIVE PLACARDS
FLAMMABLE
FOR GREATER SAFETY
GAS
NON-FLAMMABLE
GAS
and with "RESIDUE" reverse side for RAIL in
Available "Blank" or with preprinted numbers,
Canada only. (Residue not required in U.S.A.)
The Reflective placards are designed to fit into
T8
slide holders on cargo tanks and tank cars.
PS8
TS8
T3
They may be ordered with preprinted numbers
RRV8
RVa
TS3
RPS8
PS3
Canada), or with numbered area left blank for
on one or two sides (with RESIDUE for rail in
RTV8
RTV3
RRV3
RPS3
2
use with self-adhesive vinyl numbers.
TOXIC
GAS
CORROSIVE
REFLECTIVITY
GAS*
ONLY
CANADA
INCREASES SAFETY.
ALSO AVAILABLE:
• Poly-coated Tagboard .015
• Rigid Vinyl .018
TS12
PS12
T12
• Pressure Sensitive Vinyl .004
APS3
ARV12
RV12
ARV9
RTV12
RPS12
2
ATV9
All are durable - weather-resistant. Exceeds
2
the Mullen Test of 60 PSI (414 kPa) for tag
board.
Correco
OXYGEN
FLAMMABLE
Tagboard
PACKAGING
Pressure Sensitive
100s
100s
Shown
Reflective
Rigid Vinyl
50s
50s
catal
BOXED
RV26
S26
Tagboard
Pressure Sensitive
1000
800
Hambhell
2
RAV2
RPS2
500
RTV2
3
Rigid Vinyl
Reflective 2/s
Reflective 1/s
500
500
* NOTE
*To order UN#'s simply request the part
COMBUSTIBLE
number and the UN number
US ONLY
Series Tagboard Blank 1 Side
EXPLANATION OF CODES
*Series Tagboard Preprinted
*Series Rigid Vinyl Plastic .020
TS
TS
Number 1 Side
RPS
Preprinted 1 Side
RPS
Series Reflective Pressure Sensitive Blank
*Series Tagboard Preprinted
Series Tagboard Blank 2 Sides
*Series Reflective Pressure Sensitive
Number 2 Sides
Preprinted Number
3
PS
Series Pressure Sensitive
RRV
RRV
series Reflective Rigid Vinyl Blank 1 Sid
Vinyl Blank
* Series Reflective Rigid Viny
PS
* Series Pressure Sensitive
RTV
Preprinted 1 Side
Vinyl Preprinted Number
Series Reflective R
- **truncated:** true
- **body characters:** 40776