Interpretation Response #23-0078
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Public Utilities Commission of Ohio
Individual Name: Tom Forbes
Location State: OH Country: US
View the Interpretation Document
Response text:
May 31, 2024
Tom Forbes
Public Utilities Commission of Ohio
Transportation Department
Chief, Motor Carrier Enforcement Division
180 E. Broad St, Suite 421
Columbus, OH 43215
Reference No. 23-0078
Dear Mr. Forbes:
This letter is in response to your August 22, 2023, letter and subsequent conversations with my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of placards and international standards.
We have paraphrased and answered your questions as follows:
Q1: Your letter states that the Public Utilities Commission of Ohio (PUCO) inspected a domestic highway-only shipment of a portable tank displaying a placard approved under the International Maritime Dangerous Goods (IMDG) Code. You note that the portable tank displayed a Class 3 placard, approved under the IMDG Code, with the text "INFLAMMABLE LIQUID" horizontally across the placard, as pictured in your incoming letter. You ask whether it is permissible for the words "INFLAMMABLE LIQUID" to appear on a Class 3 placard in this domestic highway-only shipment scenario.
A1: The answer is yes. The transportation of hazardous materials domestically—without any portion of the shipment made in conformance with international transport standards and regulations as specified in § 171.22(a)—necessitates the use of flammable placards adhering to the requirements outlined in § 172.546. However, note that § 172.519(b)(3) states that "for other than Class 7 or the DANGEROUS placard, text indicating a hazard (for example, "FLAMMABLE") is not required. Therefore, it is the opinion of this Office that the use of the words "INFLAMMABLE LIQUID" on a Class 3 placard is permissible.
Q2: You refer to a domestic shipment transported by highway only and inspected by PUCO described as "UN1197, Extract flavoring liquids, 3, PG II." You state that the shipping paper listed the proper shipping name as "UN1197, Extract liquids, 3, PG II" and that the shipping paper did not include the word "flavoring" in the proper shipping name as currently found in the § 172.101 Hazardous Materials Table (HMT). You add the shipper claims that PHMSA published a notice on November 28, 2022 that allows the use of the proper shipping name "UN1197, Extract liquids, 3, PG II" for domestic transportation. You ask whether the proper shipping name "UN1197, Extract liquids, 3, PG II" is allowed for domestic only shipments by highway under the HMR.
A2: The answer is yes. On April 10, 2024, PHMSA published the HM-215Q final rule revising the HMR to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names. Included in these changes was the addition of the proper shipping name "UN1197, Extract liquids, 3, PG II." Therefore, the proper shipping name "UN1197, Extract liquids, 3, PG II" is now authorized under the HMR. For shipments made prior to April 10, 2024, the shipper is correct that PHMSA published an enforcement discretion notice on November 28, 2022 that allowed for the use of the proper shipping name "UN1197, Extract liquids, 3, PG II" for domestic transportation. This notice stated that PHMSA will not take enforcement action against offerors or carriers for shipments of hazardous materials made using international standards for domestic or international transportation. Regarding the use of UN numbers not yet adopted into the HMR, the intent was to allow for the use of these UN numbers as authorized by the revised international standards. PHMSA will ensure that any future enforcement discretion notice is clear on this matter.
Q3: You describe a domestic-only shipment of corrosive liquids by highway, displaying Class 8 "Corrosive" placards that are black in the lower half and white in the upper half, as allowed in the international regulations. You note that § 172.558 of the HMR requires that Class 8 "Corrosive" placards must have the white portion of the placard be 1.5 inches above the placard horizontal center line. Specifically, you ask whether the Class 8 "Corrosive" placards authorized by international regulation—as described and pictured in your letter—are allowed for domestic-only transportation by highway.
A3: The use of placards conforming to international standards is limited to shipments made in accordance with the requirements of 49 CFR Part 171 Subpart C. We appreciate the minor differences noted and may consider addressing this issue in a future rulemaking.
I hope this information 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
171.22(a), 172.546, 172.519(b)(3), 172.101, 172.558