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Interpretation Response #17-0068

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

Interpretation Response Details

Response Publish Date:

Company Name: Duke Energery Corporation

Individual Name: Mr. Charles Denny

Location State: NC Country: US

View the Interpretation Document

Response text:

December 14, 2017
Charles Denny
Duke Energy Corporation
410 South Wilmington Street, NC15
Raleigh, NC  27601
Reference No. 17-0068
Dear Mr. Denny:
This letter is in response to your June 21, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the packaging and hazard communication requirements for asbestos.  You indicate it is common practice to put friable asbestos in non-bulk, non-rigid bags and place them in containers.  Specifically, with respect to § 173.216, you ask whether the HMR require marking and labeling of these non-bulk, non-rigid bags or the solely the container (i.e., the outer packaging) into which the bags are placed.
According to § 173.216(c)(2) and (3), non-rigid bags of asbestos must be packaged inside a rigid outer packaging, closed freight container, motor vehicle, or rail car.  The hazard communication requirements apply to the completed package.  That is, the inner bags are not subject to hazard communication requirements, but the rigid outer packaging, closed freight container, motor vehicle, or rail car is, similar to how the inner packagings of a combination packaging are not subject to hazard communication requirements.
The manner of hazardous communication is dependent on the completed package.  For example, if the asbestos bags are placed inside a rigid 55-gallon steel drum, the hazard communication requirements for a non-bulk package apply, whereas, if the bags are placed inside a closed freight container, the hazard communication requirements for a bulk package would apply.  In either case, the hazard communication applies to the completed package, not to the inner bags.
We also remind you that since friable asbestos is a Class 9 hazardous material, placards are not required on bulk packages for domestic transportation.  However, a bulk package must be marked with the appropriate identification number on a Class 9 placard, an orange panel, or a white square-on-point display configuration (see § 172.504(f)(9)).
I hope this information is helpful.  Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
173.216, 173.216(c)(2) and (3), 172.504(f)(9)

Regulation Sections

Section Subject
172.504 General placarding requirements
173.216 Asbestos, blue, brown or white