PHMSA Response Letter
October 21, 2011
Mr. Rollie Weberg
Skippack Operations Manager
MAR COR PURIFICATION
4450 Township Line Road
Skippack, PA 19474
Ref. No. 10-0144
Dear Mr. Weberg:
This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to overpack marking and labeling requirements. Specifically, you ask if clear shrink-wrapped pallets must be marked on the outside with the required package markings (e.g., proper shipping name, identification number, orientation arrows, and ¿OVERPACK¿) when the markings on individual packages are not visible because of the package configuration, but markings and labels representative of each hazardous material are visible from the outside of the overpack. Your areas of concern are restated and answered as follows:
Labels and Proper Shipping Name/Identification Number Markings
Section 173.25(a)(2)of the HMR requires the overpack, as defined in § 171.8, to be marked with the proper shipping name and identification number, when applicable, and labeled for each hazardous material contained therein, unless markings and labels representative of each hazardous material in the overpack are visible. For example, an overpack need not be marked and labeled if the markings (i.e., proper shipping name and identification number) and labels on an individual package inside the overpack are not visible but the same markings (i.e., proper shipping name and identification number) and labels representative of that package are clearly visible from the outside of another package contained in that overpack.
Orientation Arrow Marking
Section 173.25(a)(3) of the HMR requires an overpack containing packages subject to the orientation arrow marking requirements of § 172.312 to be marked with orientation arrows on two opposite vertical sides of the overpack with the arrows pointing in the correct direction of orientation. This requirement is in addition to the orientation arrows displayed on the individual packages.
Section 173.25(a)(4) of the HMR requires an overpack to be marked ¿OVERPACK¿ when specification packagings are required, unless specification markings on the inside packages are visible. The ¿OVERPACK¿ marking is not required if the overpack contains multiple packages with identical package specification markings provided a package specification marking representative of each package specification contained in the overpack are visible from the outside.
Hazardous Materials Packaged with Non-Hazardous Materials
As prescribed in § 173.25(a)(1) of the HMR, packages may be placed inside a larger package or affixed to a pallet that also contains other compatible hazardous and non-hazardous materials. The overpack must be marked and labeled for each hazardous material contained therein unless markings and labels representative of each hazardous material in the overpack are visible.
Hazardous materials may be packaged together with other hazardous and non-hazardous materials as prescribed in §§ 173.24(e)(4) and 173.21(e) of the HMR. For example, such determination is based on whether or not the mixing of a material in the same packaging, freight container, or overpack with another material is likely to cause a dangerous evolution of heat, or flammable or poisonous gases or vapors, or to produce corrosive materials.
Under the HMR, the segregation requirements for transportation by highway specify that a hazardous material may not be loaded, transported, or stored together except as provided in
§ 177.848(d) of the HMR. For example, cyanides or cyanide mixtures may not be loaded or stored with acids if a mixture of the materials would generate hydrogen cyanide (See 49 CFR 177.848(c)).
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.25, 172.312, 171.8, 173.24, 173.21, 177.848