Interpretation Response #05-0069

Interpretation Response Details

Apr 26, 2005

Mr. Dave Madsen                       Reference No. 05-0069
Hazardous Materials Analyst-
North America
Autoliv ASP, Inc.
3350 Airport road
Ogden, Utah 84405

Dear Mr. Madsen:

This responds to your March 25, 2005 letter regarding the marking requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), as they apply to a transport vehicle or freight container carrying Class 9 material.

Autoliv uses a CLASS 9 placard with the identification number ‘UN 3268” inscribed across the center. The marking requirement in § 172.336(b) specifies that an identification number displayed on a white square-on-point display configuration is not considered a placard. There is some confusion as to whether this provision applies to a Class 9 placard display.

When an identification number is not required or prohibited on a transport vehicle or a freight container under the HMR, § 172.336(b) prescribes requirements and options for display of an identification number. Provisions prohibiting display of an identification number are specified in § 172.334.

For a Class 9 material, a CLASS 9 placard is not required for domestic transportation under the HMR (see § 172.504(0(9)). However, a bulk packaging containing a Class 9 material must be marked with the appropriate identification number displayed on either a CLASS 9 placard, an orange panel, or a “white square-on-point”display configuration. A “white square-on-point” display configuration is not considered a placard under the HMR. Non-bulk packagings of a Class 9 material must be marked with the proper shipping name and the identification number of the material, and labeled (see § 172.301 and 172.400).

For your information, international shipments of a Class 9 material traveling through the United States may benefit from the domestic placarding exception in § 172.504(0(9). That is, a carrier may take advantage of applicable domestic exceptions specified in the IIMR when the hazardous material is transported within the United States even if transported under § 171.11, by aircraft, § 171.12, by vessel, or § 171.12a, to or from Canada.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

172.301(a)(3), 172.336(b)

Regulation Sections