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

Page 1U.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 2DANGEROUS, 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 4Safety & 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 5Mr. 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 62nd 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 7Mr. 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 9is 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 10Return H Matche //#

Page 1152602 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 12Federal 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 13Federal 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 14PLACARDS 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 Rigid Vinyl RV Series Rigid Vinyl Plastic .020 RTV Blank 2 Sides Blank 1 Side *Series Reflective Rigid Vinyl Preprinted Number 2 Sides 5of 6 78 Intenatronal compllance renter 5017, 1996#

Page 1513.5.2 Specimen subsidiary risk labels (No. 01) (No. 03) (No.04.1) (No.04.2) (No.04.3) (No.05) (No.06.1) (No.08) Oxidizer 13.5.3 Examples of display of UN Numbers on Placards Figure 13.1 Figure 13.2 ** * location of class or division number ** location of UN number Figure 13.3 Placard for radioactive material of class 7 Symbol (trefoil) : black ; Background: upper half yellow with white border, lower half white; (No. 7D) and/or the word 'RADIOACTIVE'; and the Figure "7' in the bottom corner The lower half should show the appropriate UN number (see 13.7.5) IMDG Code 356#