Fumigant marking requirements
173.9 is a Markings - HM violation under 49 CFR §173.9. It falls in the Hazardous Materials Compliance BASIC with a severity weight of 5/10.
Last updated May 2026
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Notes
DSMS: N | Comment: Added in 3.0.4If this violation was written incorrectly, here are the angles trucking-safety managers use to contest it. Playbook: Hazardous Materials.
Common ways to challenge this code
The materials transported did not exceed the threshold quantities requiring placards under 49 CFR Part 172 Subpart F.
Evidence that wins
This administrative code is on the inspection report but does not contribute to CSA BASIC scoring per FMCSA SMS Methodology Appendix A.
Evidence that wins
Common pitfalls — avoid these
Same BASIC category — ranked by national citation volume
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HM (Packaging) - MC 305 general requirements.
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HM (106A/110AW Multi-Unit Tank Car Tanks) - Improper safety relief device.
HM (Packaging) - DOT 412 general requirements.
HM (Packaging) - MC 312 improper venting requirements.
HM (Packaging) - MC 306 manhole requirements.
HM (Packaging) - MC 306/307/312 piping protection.
Codes under the same FMCSA violation group
HM (Placarding) - Required text is not present on a Class 7, DANGEROUS, or OXYGEN placard when requried.
HM RAM (Labeling) - Failing to display radioactive labels on Class 7 material on opposing sides of package as required.
HM (Markings) - Failing to mark a transport vehicle containing petroleum crude oil containing hydrogen sulfide (i.e., sour crude oil) as required.
HM (Markings) - Failing to mark a transport vehicle or freight container with non-bulk packages without proper ID numbers for materials that are poisonous by inhalation as required.
HM RAM (Markings) - Offering a radioactive material package greater than 50 kg (110 lbs) without gross mass.
No or improper marking of Flexible Bulk Containers
173.9 is the FMCSA roadside-inspection violation code for "Fumigant marking requirements", part of the Markings - HM group, cited under 49 CFR §173.9.
173.9 falls under the Hazardous Materials Compliance BASIC in the FMCSA Safety Measurement System (SMS).
173.9 carries a severity weight of 5 out of 10. Higher weights indicate violations more closely tied to crash risk, and they count more toward a carrier's Hazardous Materials Compliance score.
No. 173.9 is not an out-of-service violation, so on its own it does not trigger an out-of-service order at the roadside.
The point contribution of 173.9 depends on its severity weight (5/10) multiplied by a time weight of 3, 2, or 1 based on how recent the inspection is. You can calculate the exact contribution with the CSA points calculator.
Yes. If you believe 173.9 was recorded in error, you can file a Request for Data Review (RDR) through the FMCSA DataQs system with supporting evidence. A successful challenge can remove or correct the violation on your record.
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Statistics
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