406
49 CFR Ch. I (10–1–23 Edition)
§ 172.323
marking displayed on a freight con-
tainer or portable tank loaded on a
motor vehicle or rail car. This mark
may be displayed in black lettering on
a white square-on-point configuration
having the same outside dimensions as
a placard.
(d) The MARINE POLLUTANT mark
is not required—
(1) On single packagings or combina-
tion packagings where each single
package or each inner packaging of
combination packagings has:
(i) A net quantity of 5 L (1.3 gallons)
or less for liquids; or
(ii) A net mass of 5 kg (11 pounds) or
less for solids
(2) On a combination packaging con-
taining a marine pollutant, other than
a severe marine pollutant, in inner
packagings each of which contains:
(i) 5 L (1.3 gallons) or less net capac-
ity for liquids; or
(ii) 5 kg (11 pounds) or less net capac-
ity for solids.
(3) Except for transportation by ves-
sel, on a bulk packaging, freight con-
tainer or transport vehicle that bears a
label or placard specified in subparts E
or F of this part.
(4) On a package of limited quantity
material marked in accordance with
§ 172.315 of this part.
(e)
MARINE POLLUTANT mark.
The
MARINE POLLUTANT mark must
conform to the following:
(1) Except for size, the MARINE POL-
LUTANT mark must appear as follows:
Symbol (fish and tree): Black on white
or suitable contrasting background.
(2) The marking must be in the form
of a square-on-point. The symbol and
border must be black on a white or
suitable contrasting background. The
width of the border forming the square-
on-point marking must be at least 2
mm. Each side of the mark must be—
(i) At least 100 mm (3.9 inches) as
measured from the outside of the lines
forming the border for marks applied
to:
(A) Non-bulk packages, except in the
case of packages which, because of
their size, can only bear smaller
marks. If the size of the package so re-
quires, the dimensions/line thickness
may be reduced, provided the marking
remains clearly visible. Where dimen-
sions are not specified, all features
shall be in approximate proportion to
those shown.
(B) Bulk packages with a capacity of
less than 3,785 L (1,000 gallons); or
(ii) At least 250 mm (9.8 inches) for
marks applied to all other bulk pack-
ages.
(3)
Transitional exception.
A marking
in conformance with the requirements
of this paragraph in effect on December
31, 2014, may continue to be used until
December 31, 2016.
(4) For domestic transportation, a
packaging marked prior to January 1,
2017 and in conformance with the re-
quirements of this paragraph in effect
on December 31, 2014, may continue in
service until the end of its useful life.
(f)
Exceptions.
See § 171.4(c).
[Amdt. 172–127, 57 FR 52938, Nov. 5, 1992, as
amended by Amdt. 172–136, 59 FR 38064, July
26, 1994; Amdt. 172–145, 60 FR 49110, Sept. 21,
1995; 66 FR 45379, Aug. 28, 2001; 70 FR 56098,
Sept. 23, 2005; 74 FR 2252, Jan. 14, 2009; 76 FR
3367, Jan. 19, 2011; 80 FR 1150, Jan. 8, 2015; 85
FR 83380, Dec. 21, 2020; 87 FR 44990, July 26,
2022]
§ 172.323
Infectious substances.
(a) In addition to other requirements
of this subpart, a bulk packaging con-
taining a regulated medical waste, as
defined in § 173.134(a)(5) of this sub-
chapter, must be marked with a BIO-
HAZARD marking conforming to 29
CFR 1910.1030(g)(1)(i)—
(1) On two opposing sides or two ends
other than the bottom if the packaging
has a capacity of less than 3,785 L (1,000
gallons). The BIOHAZARD marking
must measure at least 152.4 mm (6
inches) on each side and must be visi-
ble from the direction it faces.
407
Pipeline and Haz. Matls. Safety Admin., DOT
§ 172.323
(2) On each end and each side if the
packaging has a capacity of 3,785 L
(1,000 gallons) or more. The BIO-
HAZARD marking must measure at
least 152.4 mm (6 inches) on each side
and must be visible from the direction
it faces.
(b) For a bulk packaging contained in
or on a transport vehicle or freight
container, if the BIOHAZARD marking
on the bulk packaging is not visible,
the transport vehicle or freight con-
tainer must be marked as required by
paragraph (a) of this section on each
side and each end.
(c) The background color for the BIO-
HAZARD marking required by para-
graph (a) of this section must be or-
ange and the symbol and letters must
be black. Except for size the BIO-
HAZARD marking must appear as fol-
lows:
408
49 CFR Ch. I (10–1–23 Edition)
§ 172.324
(d) The BIOHAZARD marking re-
quired by paragraph (a) of this section
must be displayed on a background of
contrasting color. It may be displayed
on a plain white square-on-point con-
figuration having the same outside di-
mensions as a placard, as specified in
§ 172.519(c) of this part.
[67 FR 53135, Aug. 14, 2002, as amended at 76
FR 56314, Sept. 13, 2011]
§ 172.324
Hazardous substances in
non-bulk packagings.
For each non-bulk package that con-
tains a hazardous substance—
(a) Except for packages of radio-
active material labeled in accordance
with § 172.403, if the proper shipping
name of a material that is a hazardous
substance does not identify the haz-
ardous substance by name, the name of
the hazardous substance must be
marked on the package, in parentheses,
in association with the proper shipping
name. If the material contains two or
more hazardous substances, at least
two hazardous substances, including
the two with the lowest reportable
quantities (RQs), must be identified.
For a hazardous waste, the waste code
(e.g., D001), if appropriate, may be used
to identify the hazardous substance.
(b) The letters ‘‘RQ’’ must be marked
on the package in association with the
proper shipping name.
(c) A package of limited quantity
material marked in accordance with
§ 172.315 must also be marked in accord-
ance with the applicable requirements
of this section.
[73 FR 4716, Jan. 28, 2008, as amended at 76
FR 3367, Jan. 19, 2011]
§ 172.325
Elevated temperature mate-
rials.
(a) Except as provided in paragraph
(b) of this section, a bulk packaging
containing an elevated temperature
material must be marked on two op-
posing sides with the word ‘‘HOT’’ in
black or white Gothic lettering on a
contrasting background. The marking
must be displayed on the packaging
itself or in black lettering on a plain
white square-on-point configuration
having the same outside dimensions as
a placard. (See § 172.302(b) for size of
markings on bulk packagings.)
(b) Bulk packagings containing mol-
ten aluminum or molten sulfur must be
marked ‘‘MOLTEN ALUMINUM’’ or
‘‘MOLTEN SULFUR’’, respectively, in
the same manner as prescribed in para-
graph (a) of this section.
(c) If the identification number is
displayed on a white-square-on-point
display configuration, as prescribed in
§ 172.336(b), the word ‘‘HOT’’ may be
displayed in the upper corner of the
same white-square-on-point display
configuration. The word ‘‘HOT’’ must
be in black letters having a height of
at least 50 mm (2.0 inches). Except for
size, these markings shall be as illus-
trated for an Elevated temperature ma-
terial, liquid, n.o.s.: