Section 172.322

49 CFR Ch. I (10-1-18 Edition)

the FC number assigned by a DOT-approved Fireworks Certification Agency.
(c) When more than five different
Class 1 materials are packed in the
same package, the package may be
marked with only five of the EX-numbers, national stock numbers, product
codes, or combination thereof.
(d) The requirements of this section
do not apply if the EX number, FC
number, product code or national stock
number of each explosive item described under a proper shipping description is shown in association with
the shipping description required by
Section 172.202(a). Product codes and national
stock numbers must be traceable to
the specific EX number assigned by the
Associate Administrator or FC number
assigned by a DOT-approved Fireworks
Certification Agency.
(e) The requirements of this section
do not apply to the following Class 1
materials:
(1) Those being shipped to a testing
agency in accordance with Section 173.56(d) of
this subchapter;
(2) Those being shipped in accordance
with Section 173.56(e) of this subchapter, for
the purposes of developmental testing;
(3) Those which meet the requirements of Section 173.56(h) of this subchapter
and therefore are not subject to the approval process of Section 173.56 of this subchapter;
(4) [Reserved];
(5) Those that are transported in accordance with Section 173.56(c)(2) of this subchapter and, therefore, are covered by
a national security classification currently in effect.
[Amdt. 172-123, 56 FR 66254, Dec. 20, 1991, as
amended by Amdt. 172-139, 59 FR 67487, Dec.
29, 1994; 66 FR 45379, Aug. 28, 2001; 74 FR 53188,
Oct. 16, 2009; 78 FR 42477, July 16, 2013]

Section 172.322 Marine pollutants.
(a) For vessel transportation of each
non-bulk packaging that contains a
marine pollutant - 
(1) If the proper shipping name for a
material which is a marine pollutant
does not identify by name the component which makes the material a marine pollutant, the name of that component must be marked on the package
in parentheses in association with the
marked proper shipping name. Where

two or more components which make a
material a marine pollutant are
present, the names of at least two of
the components most predominantly
contributing to the marine pollutant
designation must appear in parentheses
in association with the marked proper
shipping name; and
(2) Except as otherwise provided in
this subchapter, the MARINE POLLUTANT mark shall be placed in association with the hazard warning labels
required by subpart E of this part or, in
the absence of any labels, in association with the marked proper shipping
name.
(b) Except as otherwise provided in
this subchapter, a bulk packaging that
contains a marine pollutant must - 
(1) Be marked with the MARINE
POLLUTANT mark on at least 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
mark must be visible from the direction it faces. The mark may be displayed in black lettering on a squareon-point configuration having the same
outside dimensions as a placard; or
(2) Be marked on each end and each
side with the MARINE POLLUTANT
mark if the packaging has a capacity
of 3,785 L (1,000 gallons) or more. The
mark must be visible from the direction it faces. The mark may be displayed in black lettering on a squareon-point configuration having the same
outside dimensions as a placard.
(c) A transport vehicle or freight container that contains a package subject
to the marking requirements of paragraph (a) or (b) of this section must be
marked with the MARINE POLLUTANT mark. The mark must appear on
each side and each end of the transport
vehicle or freight container, and must
be visible from the direction it faces.
This requirement may be met by the
marking displayed on a freight container 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 combination packagings where each single

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