• Is in a liquid phase and at a temperature at or above 100 °C (212 °F);
• Is in a liquid phase with a flash point at or above 38 °C (100 °F) that is intentionally heated and offered for transportation or transported at or above its flash point;or,
• Is in a solid phase and at a temperature at or above 240 °C (464 °F).

What you describe appears to be an Elevated Temperature Material.  If that is the case, then it must be shipped as a fully regulated hazardous material which includes but is not limited to:

• Shipping papers, including the additional description (see below).
• Placards will not be required if the HazMat is solely a Class 9 Miscellaneous.  Why not?  Class 9 Placards are not required within the U.S.
• Labels are not required on a bulk packaging.
• The following package markings:
  • The HazMat’s 4-digit identification number (UN3257) on two opposing sides of a bulk packaging with a capacity of <1,000 gallons or on all four sides of a bulk packaging with a capacity of ≥1,000 gallons.  The identification number must be displayed on all four sides of a cargo tank or tank car.
  • “HOT” must be displayed on two opposing sides of any bulk packaging.

Please don’t hesitate to contact me if you have any questions.

Thank you for taking a look at this issue.  I am very appreciative, and I hope you don’t find my follow up question unnecessarily argumentative.

However, I am just 100% not sure I agree with your conclusion.

I do agree that the product is an elevated temperature material.    However, I am not convinced the four digit identifier is required to be on the car or paperwork, as opposed to just using the word “HOT” on two placards placed on the rail car and on the  BOL.

Per CFR 172.325(a)  – “bulk packaging containing elevated temperature material must be marked on two opposing sides with the word ‘HOT’”.  There is no mention of the requirement to use the four digit Identifier, only the word “HOT”.  In fact, under  CFR 172.325(c) it states, “If identification number is displayed…” .  Hence the CFR’s use of the word “IF” certainly makes it sound like the four digit identifier is optional.

As you correctly point out in your email, “

According to 49 CFR 172.504(f)- (9), “For Class 9, a CLASS 9 placard is not required for domestic transportation, including that portion of international transportation, defined in § 171.8 of this subchapter, which occurs within the United States. However, a bulk packaging must be marked with the appropriate identification number on a CLASS 9 placard, an orange panel, or a white square-on-point display configuration as required by subpart D of this part.”

The language is pretty clear that while “a bulk packaging must be marked with the appropriate identification number on class 9 placard”  it continues on further to say “OR a white square-on-point display” indicating that either can be used, and if a white square-on-point display is used then there is no 4 digit identifier is required.

I would greatly appreciate your further thoughts based on these arguments.

Full text here and below…

(a) Except as provided in paragraph (b) of this section, a bulk packaging containing an elevated temperature material must be marked on two opposing 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 molten aluminum or molten sulfur must be marked “MOLTEN ALUMINUM” or “MOLTEN SULFUR”, respectively, in the same manner as prescribed in paragraph (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 illustrated for an Elevated temperature material, liquid, n.o.s.:

Like this article? Subscribe to my Monthly Newsletter No marketing emails!

I didn’t mind his challenge.  It caused me to think deeper about the regulations before I replied that same day: