PHMSA Response Letter

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Mr. Robin J. Eddy Bolte
Safety and Regulatory Affairs Manager
Allied Universal Corporation
3901 NW 115 Avenue
Miami, FL 33178

Ref. No. 08-0037

Dear Mr. Bolte:

This is in response to your February 7, 2008 letter requesting a clarification of the Hazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to the marking requirements for bulk packagings transporting marine pollutants by highway.

In your letter, you present the following scenario:

An open highway vehicle is transporting multi-unit tank car tanks, each containing 2,000 pounds of chlorine (Chlorine, 2.3, UN1017, Poison –Inhalation Hazard Zone B). Each tank is marked with the proper shipping name, identification number, wording “inhalation hazard,” and the letters “RQ” on two opposing sides. The tanks are also labeled on two opposing ends with the Hazard Division 2.3 and Class 8 labels. The vehicle itself displays the Hazard Division 2.3 placard on all four sides of the vehicle, with the identification number “1017” displayed on each placard. You ask whether a “Marine Pollutant” mark or label is required on two opposing sides of the bulk container when transported by a highway vehicle.

The answer is no. As provided under § 172.322(d)(3), except for transportation by vessel, the “Marine Pollutant” mark is not required on a bulk packaging, freight container or transport vehicle that bears a label or placard specified in Subpart E (Labeling) or Subpart F (Placarding) of Part 172.

You also ask whether the wording “Marine Pollutant” is required on the shipping paper as part of the hazardous material description for the bulk chlorine containers when transported by a highway vehicle.

The answer is yes. As required under § 172.203, the words “Marine Pollutant” must be entered in association with the basic description for a material which is a marine pollutant.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

John A. Gale,
Chief, Standards Development
Office of Hazardous Materials Standards

173.322, 172.203