PHMSA Considers Smaller Limited Quantity Marking

Those familiar with my articles know that I’ve explored the topic of limited quantities on multiple occasions. A limited quantity is defined in the 49CFR at 171.8 as the maximum amount of a hazardous material for which there is a specific labeling or packaging exception. Shipping in Limited Quantities offers us a chance to only have to follow certain parts of the regulations and essentially be exempt from others. If you are shipping by ground, shipping limited quantities exempts you from using hazard class labels, UN Packaging, placards, etc.

In most cases when shipping by ground, you can just slap the limited quantity marking on your box, and you are good to go! Which brings us to the marking itself. Section 172.315 in the 49CFR provides the specific requirements of the Limited Quantity marking, including the size. However, recently PHMSA has considered allowing a reduced size limited quantity marking and is seeking comments from the public.

What is PHMSA Proposing?

Last year, PHMSA received a petition for rulemaking from The Council of Safe Transportation of Hazardous Articles (COSTHA) requesting the modification of § 172.315(a)(2) to allow for packages containing limited quantities of dangerous goods to have a reduced size limited quantity marking placed on the package shipping label. PHMSA responded to this petition on July 18, 2024, and determined that the proposed amendment of § 172.315(a)(2) warranted further consideration. Currently the size of the limited quantity marking can be reduced to no less than 50 mm on each side and the width of the border forming the square on point may be reduced to a minimum of 1 mm if the packaging size requires. COSTHA referenced a special permit, (SP) 21015, which currently allows a reduced limited quantity marking placed on the package tracking label, and thinks it should be incorporated into the regulations as there have been no documented incidents when using this special permit.

For these reasons, PHMSA is proposing to revise § 172.315 to allow for a reduced size limited quantity marking that is also capable of electronically communicating to carriers that the package contains hazardous materials shipped under a limited quantity exception and the authorized modes of transportation. They are also proposing to revise 173.25(a)(6) to specifically state that the reduced sized limited quantity mark is not authorized on overpacks. PHMSA does not expect these revisions to have any adverse impact on safety.

How to Comment?

PHMSA is requesting comments from the public on this proposed rulemaking. Comments must be received by September 2^nd through the methods below.

E-Gov Web: https://www.regulations.gov. Follow the online instructions for submitting comments.

Mail: Docket Management System: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.

Hand Delivery: U.S. DOT Docket Management System: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Fax: 1-202-493-2251.

The full notice of proposed rulemaking can be found at the link HERE.

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