Roman and Italic Type

This is in response to your December 17, 1993 letter concerning the proper shipping name "Magnesium or Magnesium alloys" as listed in the Hazardous Materials Table in 49 CFR 172.101. You suggest that the italicized wording, "with more than 50 per cent magnesium pellets, turnings, or ribbons," be changed to Roman type. You state that requiring the descriptive on shipping papers would alleviate potential confusion among carriers who may question why some magnesium is not regulated.

As you state, under § 172.101(c)(2), it is permissible to show words in italics as part of the proper shipping name. Further, it is permissible to use a DOT proper shipping name to identify a non-DOT regulated material on shipping papers, provided no corresponding DOT information (i.e., hazard class, identification number, and packing group) is presented in association with the shipping name. The appearance of a hazard class and identification number, in association with the proper shipping name, readily distinguishes the regulated material from non-regulated, even without the italicized information appearing as part of the shipping name.

The proper shipping name for magnesium or magnesium alloys was recently revised in an effort to harmonize the Hazardous Materials Regulations (HMR) with international requirements. Accordingly, changing the proper shipping name, as you request, would cause the HMR to deviate from the international requirements. In addition, enhanced training of transport personnel, as required under § 172.704, should alleviate confusion and the need to include the descriptive as part of the proper shipping name.

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