{"operation":"document","citation":"11-0294","title":"Sea-Land Chemical Co. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-04-12","effective_on":null,"summary":"11-0294 response to Sea-Land Chemical Co. concerning 172.406.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0294.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0294.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0294","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110294.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nAPR 1 2 2012\nMr. Kerry McMahon\nSea-Land Chemical Co.\n821 Westpoint Parkway\nWestlake, OH 44145\nRef. No.: 11-0294\nDear Mr. McMahon:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CPR, Parts 171-180) applicable to the placement of labels. Your\nquestions are paraphrased and answered as follows:\nQl. What does the word \"near\" mean in regards to the requirement in§ 172.406 to place\na hazard label \"nearthe proper shipping name marking\"?\nAl. As specified in § 172.406, each label required must be printed on or affixed to a\nsurface (other than the bottom) of the package or containment device containing the\nhazardous material, and be located on the same surface of the package and near the\nproper shipping name marking, if the package dimensions are adequate.\nAdditionally, a label must be clearly visible and may not be obscured by markings or\nattachments. The HMR does not specifically define \"near\" with respect to\n§ 172.406; however, current reference materials define \"near\" as \"adjacent.\"\nQ2. On a drum, is it permissible to have the proper shipping name marking on the\nopposite side of the hazard label?\nA2. The answer is generally no, as the label must be located on the same surface of the\npackage and near the proper shipping name marking, if the package dimensions are\nadequate. The intent of § 172.406( a )(1 )(ii) is for labels and markings to be near each\nother, and a drum's dimensions should be adequate to achieve that objective.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Friday, November 18, 2011 4:17 PM\nDrakeford, Carolyn (PHMSA)\nFW: Request for formal Letter of Interpretation\nHi Carolyn,\nWe received the following request for a letter of interpretation.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\nFrom: Kerry McMahon [mailto:kerry.mcmahon@sealandchem.coml\nSent: Friday, November 18, 2011 3:31 PM\nTo: INFOCNTR (PHMSA)\nSubject: Request for formal Letter of Interpretation\nGood Afternoon,\nFollowing up on my conversation with Andrew, I'd like to request a formal Letter of Interpretation regarding what DOT\nmeans by \"near\" in regards to the requirement in 172.406 to place a hazard label \"near the proper shipping name\nmarking.\" I've seen an interpretation stating that \"next to\" equals within six inches for placing a subsidiary label next to\na primary label. Similar guidance for \"near\" would be helpful.\nA related question regards the requirement in 172.406 to place a hazard label \"on the same surface ofthe package as\nthe proper shipping name marking\" as this relates to a drum. Is it permissible to have the proper shipping name\nmarking on the opposite side of a drum from the hazard label?\nThank you for your time and consideration.\nSincerely,\n'l.Vrry ~c~afion\nSea-Land Chemical Co.\n821 Westpoint Parkway\nWestlake, OH 44145\nPh: 440-871-7887 ext. 7106\nFax: 440-871-7949\nwww.sealandchem.com\n=====================================================\n~ Please consider the environment before printing this e-mail.\n1\n\n<<<PAGE 3>>>\n\nNOTE: The information in this email may be confidential and legally privileged. If you are not the intended recipient, you\nmust not read, use or disseminate the information; please advise the sender immediately by reply email and delete this\nmessage and any attachments without retaining a copy. Although this email and any attachments are believed to be free of\nany virus or other defect that may affect any computer system into which it is received and opened, it is the\nresponsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the Sea-Land Chemical\nCo. for any loss or damage arising in any way from its use.\n2","truncated":false,"body_characters":4146}