{"operation":"document","citation":"07-0156","title":"Dangerous Goods Advisory Council — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-09-28","effective_on":null,"summary":"07-0156 response to Dangerous Goods Advisory Council concerning 172.401, 172.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0156.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0156.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0156","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070156.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n1200 New Jersey Avenue, SE\nof Transportation\nWashington, D.C. 20590\nipeline and Hazardo\nAdministration\naterials Safe\nSEP 28 2007\nMr. Michael Morrisette\nDangerous Goods Advisory Council\nRef. No. 07-0156\n1100 H Street, NW Suite 740\nWashington, DC 20005\nDear Mr. Morrisette:\nrequirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nThis responds to your February 22, 2007 letter requesting clarification of labeling\nSpecifically, you ask whether pictograms described in the UN Globally Harmonized System\nof Classification and Labelling of Chemicals (GHS) are prohibited under § 172.401 of the\nFor purposes of clarifying language in this letter, the GHS defines a pictogram as \"a\ngraphical composition that includes a (hazard) symbol plus other graphic elements, such as a\nborder, background pattern or color that is intended to convey specific information\" and GHS\nstates all hazard pictograms should be in the shape of a square set at a point (i.e., square-on-\npoint). This definition and design of GHS pictograms is similar to the label specifications in\n§ 172.407 of the HMR.\nSection § 172.401 (b) prohibits the transportation of a package bearing any marking or label\nwhich by its color, design, or shape could be confused or conflict with a hazard warning label\nhazard warning communication system by preventing dilution of the distinctive DOT labels.\nprescribed in the HMR. The prohibition is intended to preserve the effectiveness of DOT's\nPictograms (on labels) developed in accordance with the labeling procedures of the Globally\nHarmonized System of Classification and Labelling of Chemicals (GHS (Rev. 1) (2005)) and\ndisplayed on packages used in transportation are not prohibited under § 172.401. The GHS\nrepresentation from the U.S. Consumer Product Safety Commission, the U.S. Environmental\nwas the result of an international effort supported by the United States, which included\nProtection Agency, the U.S. Occupational Safety and Health Administration, and U.S. DO1\nThe pictograms employed by the GHS were developed based largely on the existing hazar\ncommunication standards for transport to ensure consistency of hazard communication for a\nvariety of applications and contexts. As such, the GHS pictograms are intentionally\ninternational regulations and standards including the International Civil Aviation\nconsistent with the symbols used in the labels and placards required by the HMR and used in\nOrganization's Technical Instructions on the Safe Transport of Dangerous Goods, the\nInternational Maritime Dangerous Goods Code, and the United Nations Recommendations\non the Transport of Dangerous Goods. Therefore, when displayed in accordance with the\n172.401\n172.407\n070156\n\n<<<PAGE 2>>>\n\nGHS, we do not consider these pictograms to be confusing or conflicting in accordance with\n§ 172.401(b) of the HMR. Additionally, this clarification will be proposed in a future\nrulemaking.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nEdward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 3>>>\n\nDer Kinderen\n464233\nDangerous Goods Advisory Council\n$172.401(c)\n•\nDGAC\nSuite 7401100 Street NW Washington DC 20005 • 202/289-4550 • Fax 202/289-4074 • www.dgac.org\nLabeling\nPHMSA: 2007-27826-1\n07-0156\nFebruary 22. 2007\nMr. Edward Mazzullo\nHazardous Materials Safety\nDirector, Standards Division\nPipeline and Hazardous Materials Safety Administration\nWashington. DO 20590\nL. S. Department of Transportation\nRequest for interpretation and petition for rulemaking\nDear Vir. Mazzullo:\nThis is to clarity that pictograms described in the United Nations Cilobally Harmonized System of\nClassification and Labelling of Chomicals (CHS) are not prohibited under §172.401(b).\nThe United Nations Economic and Social Council's Committee of Experts on the Transport of Dangerous\nimplementing the CHS in 2008. To facilitate international trade. it is important that packages bearing GHS\nGoods and on the Globally Harmonized System of Classification and Labelling established the goal of\npictograms are acceptable for transport in the US\nThe GHS pictograms may appear on packages used in transportation. For example. Annex 7 of the GHS\nshows examples of GHS pictograms appearing on drums:\nhordered diamond with a hazard symbol such as a \"fame\" or \"skull and cross bones\" appearing inside. It\nThe GHS pictogram typically consists of a red\nwould be expected to be smaller than the transport label required under DOT and international transport\nAnnex 7 of the GHS. PHMSA accepts that both GHS pictograms and transport labels may be visible on\nWe understand that based on clarification of the relationship betcen transport labels and GHS pictograms in\npackages in transportation.\nWe would appreciate your confirmation by a letter of interpretation that a GHS pictogram visible on a\nclarified in the regulations by incorporation of the CHS by reference in $171.7 and amendment of\npackage in transportation is not prohibited under §172.401(b). In addition. We are petitioning that this be\n$172.401 (c) by the addition of new toxt reading as follons:\n(5) The Globally Harmonized System of Classification and Labelling of Chemicals (CilS).\nWe appreciate your consideration of this matter.\nSincerely.\nMichad Mminite\nPresident\nMichael Morrissette\n• DAC is a leading international membership organization representing all aspects of the hazardous materials/dangerous goods transportation industry. •","truncated":false,"body_characters":5513}