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Interpretation Response #12-0110 ([Akrochem Corporation] [Scott Fleming])

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

Interpretation Response Details

Response Publish Date:

Company Name: Akrochem Corporation

Individual Name: Scott Fleming

Location State: OH Country: US

View the Interpretation Document

Response text:

Scott Fleming
Akrochem Corporation
255 Fountain Street
Akron, Ohio 44304

Reference No.: 12-0110

Dear Mr. Fleming:

This responds to your May 9, 2012letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the labeling and marking requirements for a Division 6.1, Packing Group (PG) I material that your company imports. You state your supplier intends to place this material in a plastic bag, mark the bag with the required HMR labels and markings, and then place the bag into a United Nations (UN) 5H4 clear, non-bulk plastic bag that meets the UN specification requirements for a Division 6.1, PG I package. You ask if the HMR permit a shipper to place the UN identification number, proper shipping name, label, and marine pollutant marking on the non-specification interior bag provided this information is clearly visible through the outer UN 5H4 bag.

The answer is no. The HMR require hazard communications markings and labels to be placed on each non-bulk package before it is offered for transportation in commerce (see §§ 172.300(a) and (b), and 172.400(a)). Section 171.8 defines a package as a packaging plus its contents. It is the opinion of this Office that a complete hazardous materials package is one that complies with the HMR in such a manner that does not permit the release of any hazardous material it contains and meets all other criteria necessary to be acceptable in transportation under the HMR. However, permissive labeling and marking prescribed in 49 CFR Part 172 are allowed on hazardous materials packagings, such as inner packagings, provided the labels and markings used represent the hazards presented by the material (see §§ 172.303, 172.40l(a)(1) and (a)(2)). This Office does not recommended this practice as it may result in confusion that could frustrate the movement of this packaging as carriers attempt to determine whether the packaging is authorized in transportation. Also, please note that the HMR permit solid PG II and III, Division 6.1 materials to be shipped in UN 5H4 plastic film bags, but do not permit PG I, Division 6.1 materials to be placed in these packagings (see §§ 173.212 and 173.213). Non-bulk packagings of solid Division 6.1, PG I materials must conform to the requirements prescribed in § 173.211.

I hope this satisfies your inquiry. Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.300 Applicability
172.303 Prohibited marking
172.400 General labeling requirements
173.211 Non-bulk packagings for solid hazardous materials in Packing Group I