Interpretation Response #05-0043 ([Allied Universal Corporation] [Ms. Robin J. Eddy Bolte])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 08/23/2005

Company Name: Allied Universal Corporation

Individual Name: Ms. Robin J. Eddy Bolte

Location State: FL Country: US

View the Interpretation Document

Response text:

Aug 23, 2005

Ms. Robin J. Eddy Bolte                      Reference No. 05-0043
Safety and Regulatory Affairs Manager
Allied Universal Corporation
3901 NW 115th Avenue
Miami, FL 33178-1859

Dear Ms. Eddy Bolte:

This is in response to your February 22, 2005 letter requesting clarification on the transportation of chlorine in multi-unit tank car tanks (ton tanks) and DOT 3A and 3AA cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:

Q1.      Is the POISON GAS label required on ton tanks containing chlorine when the words “Inhalation Hazard” are stenciled on two opposing sides of the tank?

Al.        Under Part 172, Subpart F, each bulk packaging must be placarded. When applicable, ton tanks may be labeled instead of placarded in accordance with § 172.514(c). The “INHALATION HAZARD” marking does not provide relief from the requirement to placard or label. However, the “INHALATION HAZARD” marking itself is not required in this case since the words “INHALATION HAZARD” appear on the required POISON GAS label or placard (see § 172.313(a)).

Q2.      For a freight container containing chlorine in ton tanks, do the following markings and placards satisfy the requirements of Part 172, Subparts D and F when transported domestically by vessel (e.g., Florida to Puerto Rico): the MARINE POLLUTANT mark; and the POISON GAS placard marked in accordance with § 172.332 with the identification number “1017”?
A2.      Yes.

Q3.      When transported by highway, are the requirements to mark the transport vehicle with the MARINE POLLUTANT mark satisfied when an “open” transport vehicle is carrying ton tanks that are marked on each end with the MARINE POLLUTANT mark?

A3.      Yes. Under § 172.322(d)(3), for other than transportation by vessel, the MARINE POLLUTANT mark is not required on a bulk packaging or transport vehicle that bears a label or placard specified in Subpart E or F of Part 172, for example the POISON GAS label or placard. For transportation by vessel, the “open” transport vehicle carrying the ton tanks must be marked on each side arid each end with the “large” (i.e., at least 250 mm on each side) MARINE POLLUTANT mark and the mark must be visible from the direction it faces (see § 1 72.322(c)(3)). The HMR provide no exception from this marking requirement. Markings appearing on ton tanks may not be used to satisfy this requirement.

Q4.      Do freight containers loaded with ton tanks containing chlorine require subsidiary placarding (i.e., CORROSIVE placards)?

A4.      Under the HMR, for transportation by vessel the answer is no. Chlorine is a Division 2.3 material, with a subsidiary hazard of Class 8. The provisions in § 172.505(d) do not require subsidiary placarding for such a material. You should also be aware that under the International Maritime Dangerous Goods (IMDG) Code, 5.3.1.1.3 requires placarding for subsidiary risks. Therefore, when transported under the IMDG Code, the freight container must be placarded on all four sides with the POISON GAS placard and the CORROSIVE placard. In addition, the requirements of § 172.505(a) for subsidiary hazard placarding are applicable to a material that is poisonous by inhalation and is assigned by the § 172.101 Table, Column (3) to a hazard class or division other than Division 2.3 or 6.1 (inhalation hazard Zone A or B).

Q5.      For transportation by vessel, what are the placarding and marking requirements for a transport vehicle or freight container transporting chlorine in DOT 3A and 3AA cylinders?

A5.      Under the HMR, the freight container must be placarded on both sides and both ends with the POISON GAS placard as depicted in § 172.540. In addition, a transport vehicle or freight container that is loaded at one facility with chlorine cylinders in quantities of 1,000 kg (2,205 pounds) or more aggregate gross weight must be marked “1017”on each side and each end as specified in § 172.332 or § 172.336 (see § 172.313(c)). The transport vehicle or freight container must also be marked with the “large” MARINE POLLUTANT mark. Each cylinder must also be marked with the proper shipping name, identification number preceded by the letters “UN” or “NA” as appropriate, and the “small” (i.e., at least 100 mm on each side) MARIE POLLUTANT mark.

Q6.      Under the HMR, for transportation by vessel, are all of the following placards and markings required on all four sides of a freight containers loaded with ton tanks containing chlorine: the POISON GAS placard with the text “INHALATION HAZARD”; the POISON GAS placard marked in accordance with § 172.332 with the identification number “1017”; the CORROSIVE placard; and the “large” MARINE POLLUTANT mark?

A6.      No. The placards and marking described are authorized; however, a lesser number of placards are also authorized. The freight containers may be marked with the POISON GAS placard marked in accordance with § 172.332 with the identification number “1017” and the “large” MARINE POLLUTANT mark. Alternatively, the freight containers may be marked with the POISON GAS placard with the text “INHALATION HAZARD”, an orange panel displaying the identification number “1017” in accordance with § 172.332, and the “large” MARINE POLLUTANT mark. For IMDG Code requirements see A4.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

172.313, 172.504

Regulation Sections