The Sherwin Williams Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department Research and of Transportation Washington, D.C. 20590 400 Seventh St., S.W. Speciai Programs Administration FEB - 7 2002 The Sherwin Williams Company Ms. Sandra L. Basham 101 West Prospect Avenue Ref. No. 01-0304 Cleveland, OH 44115-1075 Dear Ms. Basham: This is in response to your letter dated October 22, 2001 requesting clarification of the labeling requirements under the Hazardous Materials Regulation (HMR; 49 CFR. Parts 171 - 180). In a subsequent letter, dated January 14, 2002, you submitted a sample hazardous warning label for our review. Specifically, you asked if the label, as printed, is in compliance with the Hazardous Materials Regulations with regard to the size. Asprovided by § 172.407(c), each hazardous material warning label (diamond) must be square-on-point andat least 100 mm (3.9 inches) on each side with each side having a solid line inner border 5.0 to 6.3 mm (0.2 to 0.25 inches) from the edge. The FLAMMABLE LIQUID label you enclosed is not in compliance with the labeling specifications as prescribed in § 172.407(c). Specifically, two of the four points on your label areround and not "square-on-point," as prescribed in § 172.407(c). The "FLAMMABLE LIQUID" label must be as shown in § 172.419 with all points being square. Except for your label not being "square- on-point," the enclosed label otherwise conforms to the provisions specified in § 172.407(c). I hope this satisfies your request. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards WINNIN 172.407 010304#

Page 2§ 112:407 Labeling Environmental, Health, & Regulatory Services 101 WEST PROSPECT AVENUE THE SHERWIN-WILLIAMS COMPANY CLEVELAND, OH 44115-1075 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED October 22, 2001 Mr. Edward T. Mazzullo Director of Office of Hazardous Materials Standards 4007" Street SW USDOT/RSPA (DHM-10) Washington, DC 20590-001 Dear Mr. Mazzullo: Our company manufactures, warehouses, and transports paint and other products throughout the United States and Canada. Transport Canada mandates that hazard labels be placed on the package so that they are in the diamond or "on-point" configuration. This is also the preferred orientation of hazard labels per the U.S. DOT. hazard labels to 5-gallon pails in the correct orientation. A method that would assist the machinery is We are attempting to identify methods that would more easily allow our automatic equipment to apply depicted in the enclosed sketches. Essentially, the standard size (100 mm per side) hazard label would be printed on a white background that exceeds the size of the label as shown (total label size 5.5 inches square). Note that the "backing" provides a clear and contrasting background from the label. I'd like to know if the label configuration shown is acceptable to the U.S. DOT. I spoke with one of your specialists via telephone and he had a concern that the white backing, because it extends beyond the 4" by 4" hazard label, would violate the size specification in §172.407(c). S-W is of the opinion that the violate the referenced regulations. white, contrasting background, which is added simply to expedite machine label application, does not#

Page 3Can you please provide a written interpretation of this proposed label configuration? Thank you for your prompt assistance with this matter. Sincerely, THE SHERWIN-WILLIAMS COMPANY Senda B Sandra L. Basham Director of Transportation Corporate Regulatory Affairs Enc: sketches#