Interpretation Response #12-0059 ([Mr. William Briner])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Mr. William Briner
Location State: MI Country: US
View the Interpretation Document
Response text:
May 9, 2012
Mr. William Briner
670 Grey Oaks Dr.
Weldon Spring, MI
63304-5743
Ref. No. 12-0059
Dear Mr. Briner:
This responds to your February 22, 2012 email regarding changes made to the marking and labeling requirements for intermediate bulk containers (IBCs) in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) by a final rule published on July 20, 2011 (HM-218F; 76 FR 43510). You request clarification of the marking and labeling requirements under both the HMR and the International Maritime Dangerous Goods (IMDG) Code for an IBC under the following scenario: (1) it has a capacity less than 64 ft3; (2) it contains "UN3082, environmentally hazardous substance, liquid, n.o.s., 9, PG III, RQ (2,4-D salt);" and (3) it is labeled instead of placarded.
With regard to the changes made to the marking and labeling requirements under HM-218F, two distinct issues were proposed and adopted. First, language was added to § 172.336 in new paragraph (d), in response to petition for rulemaking P-1392 to allow for smaller display of the identification number on certain types of bulk packaging (e.g., an IBC) consistent with the placard to label exception for the same group of bulk packagings, which allows for smaller display of the hazard. This relief provided under § 172.336(d) allows for the display of the identification number in the same manner as for non-bulk packaging, i.e., there is no minimum size requirement for the marking. Second, language was revised in § 172.514(c)(4), to harmonize with the IMDG Code, to allow for display of the proper shipping name (PSN) and identification number in place of the identification number on an orange panel or a placard (or a white square-on-point) when an IBC is labeled instead of placarded. The language was revised to provide relief to shippers that have limited space available on steel cage IBCs for purposes of displaying hazard communication. These are two separate conditional provisions that provide relief from marking requirements and thus, do not necessitate uniformity.
For the scenario you provide, and under the HMR, when labeling in lieu of placarding, the general labeling provisions require that you display only one Class 9 label because the IBC has a capacity less than 64 ft3. See §§ 172.400(a) and 172.406(e). We note, however, that you may permissively display additional labels. Based on the above clarification of the intent of final rule HM-218F, if you choose to use the relief provided in § 172.514(c)(4), you may mark the IBC with the PSN "environmentally hazardous substance, liquid, n.o.s." and the identification number "UN3082" in place of the identification number "3082"on an orange panel, a placard, or a white square-on-point. As a condition of this relief, the markings must be in accordance with the size requirements of § 172.302(b)(2). The relief provided in § 172.336(d) would not apply.
The IMDG Code marking and labeling provisions require that you mark the IBC with the proper shipping name "environmentally hazardous substance, liquid, n.o.s." and the identification number "UN3082," and display a Class 9 label. Regarding your scenario, an IBC less than 64 ft3 must be marked and labeled on two opposing sides. There is no minimum size for the markings other than a general requirement to be visible and legible. See IMDG Code 5.2.1.1 through 5.2.1.4 and 5.2.2.1.7.
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division
172.336, 172.400, 172.406, 172.514