Interpretation Response #08-0303 ([OSI] [Ms. Carolynn Buenger ])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: OSI
Individual Name: Ms. Carolynn Buenger
Location State: TX Country: US
View the Interpretation Document
Response text:
January 16, 2008
Ms. Carolynn Buenger
OSI
1212 N. Velasco
Angleton, Texas 77515
Ref. No.: 08-0303
Dear Ms. Buenger:
This responds to your December 9, 2008 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they apply to the transportation of materials that are poisonous by inhalation (PIH materials). Specifically, you suggest that there is an error in § 172.400a(d), which excepts PIH materials from labeling or placarding requirements under certain conditions.
As currently drafted, § 172.400a(d) excepts PIH materials transported in a closed transport vehicle or freight container from labeling or placarding requirements under the conditions set forth in § 171.23(b)(11). You are correct that this section reference is incorrect. The correct reference is § 171.23(b)(10)(iv), which establishes criteria for the use in the United States of labels and placards authorized under the International Maritime Dangerous Goods Code and Canada"s Transport of Dangerous Goods regulations. We will correct this reference in a future rulemaking.
I hope this answers your inquiry.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
172.400, 171.23