Dangerous Goods Advisory Council — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue, SE of Transportation Washington, D.C. 20590 ipeline and Hazardo Administration aterials Safe SEP 28 2007 Mr. Michael Morrisette Dangerous Goods Advisory Council Ref. No. 07-0156 1100 H Street, NW Suite 740 Washington, DC 20005 Dear Mr. Morrisette: requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). This responds to your February 22, 2007 letter requesting clarification of labeling Specifically, you ask whether pictograms described in the UN Globally Harmonized System of Classification and Labelling of Chemicals (GHS) are prohibited under § 172.401 of the For purposes of clarifying language in this letter, the GHS defines a pictogram as "a graphical composition that includes a (hazard) symbol plus other graphic elements, such as a border, background pattern or color that is intended to convey specific information" and GHS states all hazard pictograms should be in the shape of a square set at a point (i.e., square-on- point). This definition and design of GHS pictograms is similar to the label specifications in § 172.407 of the HMR. Section § 172.401 (b) prohibits the transportation of a package bearing any marking or label which by its color, design, or shape could be confused or conflict with a hazard warning label hazard warning communication system by preventing dilution of the distinctive DOT labels. prescribed in the HMR. The prohibition is intended to preserve the effectiveness of DOT's Pictograms (on labels) developed in accordance with the labeling procedures of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS (Rev. 1) (2005)) and displayed on packages used in transportation are not prohibited under § 172.401. The GHS representation from the U.S. Consumer Product Safety Commission, the U.S. Environmental was the result of an international effort supported by the United States, which included Protection Agency, the U.S. Occupational Safety and Health Administration, and U.S. DO1 The pictograms employed by the GHS were developed based largely on the existing hazar communication standards for transport to ensure consistency of hazard communication for a variety of applications and contexts. As such, the GHS pictograms are intentionally international regulations and standards including the International Civil Aviation consistent with the symbols used in the labels and placards required by the HMR and used in Organization's Technical Instructions on the Safe Transport of Dangerous Goods, the International Maritime Dangerous Goods Code, and the United Nations Recommendations on the Transport of Dangerous Goods. Therefore, when displayed in accordance with the 172.401 172.407 070156#

Page 2GHS, we do not consider these pictograms to be confusing or conflicting in accordance with § 172.401(b) of the HMR. Additionally, this clarification will be proposed in a future rulemaking. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Edward T. Mazzullo Director, Office of Hazardous Materials Standards#

Page 3Der Kinderen 464233 Dangerous Goods Advisory Council $172.401(c) • DGAC Suite 7401100 Street NW Washington DC 20005 • 202/289-4550 • Fax 202/289-4074 • www.dgac.org Labeling PHMSA: 2007-27826-1 07-0156 February 22. 2007 Mr. Edward Mazzullo Hazardous Materials Safety Director, Standards Division Pipeline and Hazardous Materials Safety Administration Washington. DO 20590 L. S. Department of Transportation Request for interpretation and petition for rulemaking Dear Vir. Mazzullo: This is to clarity that pictograms described in the United Nations Cilobally Harmonized System of Classification and Labelling of Chomicals (CHS) are not prohibited under §172.401(b). The United Nations Economic and Social Council's Committee of Experts on the Transport of Dangerous implementing the CHS in 2008. To facilitate international trade. it is important that packages bearing GHS Goods and on the Globally Harmonized System of Classification and Labelling established the goal of pictograms are acceptable for transport in the US The GHS pictograms may appear on packages used in transportation. For example. Annex 7 of the GHS shows examples of GHS pictograms appearing on drums: hordered diamond with a hazard symbol such as a "fame" or "skull and cross bones" appearing inside. It The GHS pictogram typically consists of a red would be expected to be smaller than the transport label required under DOT and international transport Annex 7 of the GHS. PHMSA accepts that both GHS pictograms and transport labels may be visible on We understand that based on clarification of the relationship betcen transport labels and GHS pictograms in packages in transportation. We would appreciate your confirmation by a letter of interpretation that a GHS pictogram visible on a clarified in the regulations by incorporation of the CHS by reference in $171.7 and amendment of package in transportation is not prohibited under §172.401(b). In addition. We are petitioning that this be $172.401 (c) by the addition of new toxt reading as follons: (5) The Globally Harmonized System of Classification and Labelling of Chemicals (CilS). We appreciate your consideration of this matter. Sincerely. Michad Mminite President Michael Morrissette • DAC is a leading international membership organization representing all aspects of the hazardous materials/dangerous goods transportation industry. •#