USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #23-0066

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

Interpretation Response Details

Response Publish Date:

Company Name: W.R. Grace & Co - Conn.

Individual Name: Mr. Paul Errichetti

Location State: MD Country: US

View the Interpretation Document

Response text:

May 23, 2024

Mr. Paul Errichetti
Senior Manager, Fleet and Dangerous Goods
W.R. Grace & Co - Conn.
7500 Grace Drive
Columbia, MD  21044

Reference No. 23-0066

Dear Mr. Errichetti:

This is in response to your July 11, 2023, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to portable tanks. In your letter, you state your company packages and transports "UN1838, Titanium tetrachloride, 6.1, (8), PG I" and "UN3390, Toxic by inhalation liquid, corrosive, n.o.s., 6.1, (8), PG I" in 250-gallon portable tanks in full compliance with the HMR. The portable tanks are then transported in closed transport vehicles in the United States, Canada, and Mexico for their eventual transport via vessel to international destinations. For domestic shipments, the portable tanks are marked with the United Nations (UN) identification number, proper shipping name, owner’s name, poison inhalation hazard labels, and corrosive labels. The closed transport vehicles are provided with the poison inhalation placards (see § 172.555), corrosive placards (see § 172.558), and UN identification number markings.

You ask about shipments of your portable tanks by highway to Mexico under § 171.12. The portable tanks are marked with the proper UN identification number, proper shipping name, owner's name, poison labels (see § 172.430) minus the word "poison", and corrosive labels (see § 172.442). The closed transport vehicle is provided with poison placards (see § 172.554) minus the word "poison", corrosive placards (see § 172.558), and the associated UN identification number markings. Your questions are paraphrased and answered below:

Q1. You ask whether the “Inhalation Hazard” marking in § 172.313(a) is required on the portable tanks described in your letter for shipments from the United States to Mexico.

A1. The answer is yes. As specified in § 171.12(b), unless otherwise excepted, hazardous materials shipments from Mexico to the United States or from the United States to Mexico must conform to all applicable requirements of the HMR. Additionally, the requirements in § 171.12(b)(1)-(4) apply to a hazardous material that is a material poisonous by inhalation—see § 171.8—when transported by highway or rail from Mexico to the United States or from the United States to Mexico. Specifically, § 171.12(b)(3) states that packages must be marked in accordance with § 172.313, which requires materials poisonous by inhalation—see § 171.8—be marked with the words "Inhalation Hazard" in association with the required labels, placards, and shipping name when applicable.

Q2. You ask whether the "Inhalation Hazard" marking in § 172.313(a) is required on a closed transport vehicle containing the portable tanks described in your letter when transported from the United States to Mexico.

A2. The answer is no. As specified in § 171.12(b)(5), a label or placard that conforms to the UN Recommendations (IBR, see § 171.7) specifications for a "Division 2.3" or "Division 6.1" label or placard may be substituted for the POISON GAS or POISON INHALATION HAZARD label or placard required by §§ 172.400(a) and 172.504(e) on a package transported in a closed transport vehicle or freight container. The transport vehicle or freight container must be marked with UN identification numbers for the material, regardless of the total quantity contained in the transport vehicle or freight container, in the manner specified in § 172.313(c) and placarded as required by subpart F. There is no specific requirement for a transport vehicle shipped under § 171.12(b) to have the "Inhalation hazard" marking required in § 172.313(a). Please note that for this scenario described in this letter where closed transport vehicles are referenced, the appropriate placard is the poison inhalation hazard placard shown in § 172.555, as required by § 171.12(b)(5).

You ask about shipments of your portable tanks by highway to Canada shipped in accordance with §§ 171.12 and 171.23 that are marked with the UN identification number, proper shipping name, owner's name, poison labels (see § 172.430) minus the word "poison", and corrosive labels (see § 172.442). The closed transport vehicle containing the portable tanks is provided with poison placards (see § 172.554) minus the word "poison", corrosive placards (see § 172.558), and the associated UN identification markings. Your questions are paraphrased and answered below:

Q3. You ask whether shipments of the portable tanks described in your letter from the United States to Canada require the "Inhalation Hazard" marking in § 172.313(a)?

A3. The answer is yes. As specified in § 171.23(b)(10)(iii), a material poisonous by inhalation—see § 171.8—must be packaged in conformance with § 172.313, which requires that a material poisonous by inhalation—see § 171.8—be marked with "Inhalation Hazard" in association with the required labels or placards, as appropriate, and shipping name when required.

Q4. You ask whether the "Inhalation Hazard" marking in § 172.313(a) is required on the closed transport vehicle containing the portable tanks described in your letter when transported from the United States to Canada.

A4. The answer is no. As specified in § 171.23(b)(10)(iv)(B), the transport vehicle or freight container must be marked with the UN identification numbers for the hazardous material in the manner specified in § 172.313(c). However, there is no requirement to mark the transport vehicle with the words "Inhalation Hazard" as required in § 172.313(a). Please note that for this scenario described in this letter where closed transport vehicles are referenced, the appropriate placard is the poison inhalation hazard placard shown in § 172.555, as required by § 171.12(b)(5).

Your ask about shipments of your portable tanks by highway to ports for continued transportation via vessel to international destinations under §§ 171.23 and 171.25. You note that the portable tanks are marked with the proper UN identification number, proper shipping name, owner’s name, poison labels (see § 172.430) minus the word "poison", and corrosive labels (see § 172.442). The closed transport vehicle containing the portable tanks is provided with poison placards (see § 172.554) minus the word "poison", corrosive placards (see § 172.558), and the associated UN identification number markings. Your questions are paraphrased and answered below:

Q5. You ask whether shipments of the portable tanks described in your letter, from the United States to ports for continued transportation via vessel to international destinations, require the "Inhalation Hazard" marking in § 172.313(a).

A5. See answer A3.

Q6. You ask whether shipments of the portable tanks described in your letter from the United States to ports for continued transportation via vessel to international destinations, require the closed transport vehicle to display the Inhalation Hazard markings § 172.313(a).

A6. The answer is no. As specified in § 171.23(b)(10)(iv)(A), the transport vehicle or freight container must be marked with the UN identification numbers for the hazardous material in the manner specified in § 172.313(c). However, there is no requirement to mark the transport vehicle with the words "Inhalation Hazard" as required in § 172.313(a). Please note that for this scenario described in this letter where closed transport vehicles are referenced, the appropriate placard is the poison inhalation hazard placard shown in § 172.555, as required by § 171.12(b)(5).

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Steven Andrews
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

171.8, 171.12, 171.12(b)(5), 171.23(b)(10)(iv)(A), 171.23, 171.25, 172.313(a), 172.313(c), 172.430, 172.442, 172.555, 172.554, 172.558

Regulation Sections

Section Subject
171.12 North American Shipments
171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
171.25 Additional requirements for the use of the IMDG Code
171.8 Definitions and abbreviations
172.313 Poisonous hazardous materials