Interpretation Response #10-0037
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
March 30, 2010
Christopher H. Smith, MST2
USCG Sector LA-LB, Facilities Branch
1001 South Seaside Avenue
San Pedro, CA 90731
Ref. No. 10-0037
Dear Mr. Smith:
This responds to your February 3, 2010 request for interpretation of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the marking requirements for poison-inhalation-hazard (PIH) materials in § 172.313(a) apply to both non-bulk and bulk packages.
Section 172.313(a) requires packages and transport vehicles containing PIH materials to be marked with the words "Inhalation Hazard" in association with the required labels or placards, as appropriate, and shipping name when required. This requirement applies to both non-bulk and bulk packages. The marking must be on two opposing sides of a bulk package. When the words "Inhalation Hazard" appear on the label, as prescribed in §§ 172.416 and 172.429, or placard, as prescribed in §§ 172.540 and 172.555, the "Inhalation Hazard" marking is not required on the package.
Section 171.23(b)(10)(iv)(A), which you also reference in your letter, applies to shipments of PIH materials transported under the IMDG Code. When packages of PIH materials are transported in a closed transport vehicle or freight container, a label or placard conforming to the IMDG Code specifications for a "Class 2.3" or "Class 6.1" label or placard may be substituted for the POISON GAS or POISON INHALATION HAZARD label or placard, as appropriate. The transport vehicle or freight container containing such packages must be placarded with a POISON GAS or POISON INHALATION HAZARD placed, as appropriate. Additionally, the transport vehicle or freight container must be marked with the identification number for the hazardous material, regardless of the total quantity contained in the transport vehicle or freight container, in a manner specified in §172.313(c) of the HMR.
I hope this answers your inquiry. If you need additional assistance, please contact this Office.
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 172.313||Poisonous hazardous materials|