Dangerous Goods Advisory Council — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE Materials Safety Pipeline and Hazardous Administration SEP 0 4 2014 Mr. Delmer Billings Technical Director Dangerous Goods Advisory Council 7501 Greenway Center Drive, Suite 760 Greenbelt, MD 20770 Reference No. 14-0166 Dear Mr. Billings: This is in response to your August 28, 2014 email concerning the CLASS 9 miscellaneous hazard class warning label. Specifically, you ask whether a label with slightly wider black stripes is compliant with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). You have provided an image of the label in question on the last page of your incoming attachment. The answer is yes. Section 172.446 requires that the background on the CLASS 9 label must be white with seven black vertical stripes on the top half. The black vertical stripes must be spaced, so that, visually, they appear equal in width to the six white spaces between them. In the image of the label in question, the black stripes appear to be visually equal in width to the white spaces. Although measurement of the outermost black vertical stripes reveals they are slightly larger in width than the inner stripes, they are equal in space from a visual perspective and do not present a reduction in hazard communication. In addition, as you note in your incoming request, a minor label variation of this type is authorized under the International Civil Aviation Organization Technical Instructions on the Safe Transport of Dangerous Goods by Air (ICAO TI) in Note 2 of Part 5, Chapter 3.5.1. Note 2 provides that minor variations in the design of the symbol on labels or other differences such as the width of vertical lines on labels as shown in the ICAO TI Instructions or in regulations of other modes, which do not affect the obvious meaning of the label, are acceptable. Subpart C of Part 171, authorizes the use of the ICAO TI if any portion of the transportation is by aircraft. I hope this satisfies your request. Sincerely, Shone Rele Shane C. Kelley Acting International Standards Coordinator Standards and Rulemaking Division#

Page 2Winer 172.407 Goodall, Shante CTR (PHMSA) rabel. specification From: Betts, Charles (PHMSA) 14-0166 Sent: Thursday, August 28, 2014 10:16 AM To: Goodall, Shante CTR (PHMSA); Dodd, Alice (PHMSA) Attachments: Subject: FW: Class 9 Label Question Class 9 Labei Question.pdf Shante - Please log and assign the attached request for interpretation to a specialist for response. Please request expedited handling. Thanks, Charles From: Delmer Billings [mailto: DBillings@dgac.org] Sent: Tuesday, August 26, 2014 7:22 PM To: Betts, Charles (PHMSA) Subject: Fwd: Class 9 Label Question Our members are still getting push - back on the label in question. FedEx is still saying they will not accept the label with the wide black tips as of October 1. Can we get a written interpretation to resolve this issue? Thanks Del Sent via the Samsung GALAXY S®4, an AT&T 4G LTE smartphone --- Original message --- From: Delmer Billings Date: 08/12/2014 8:40 AM (GMT-05:00) Subject Class Laot Question Charles, Attached is information relative to the Class 9 label we discussed yesterday. The label in question by Fed Ex is on the last page. I also included the requirements for the label from the HMR, ICAO and UN. Your thoughts please. If possible, I would like to respond to the requester at our Quarterly meeting tomorrow. Thanks, Del Del Phone: 202/289-4550 1#

Page 3please give me a call at 770-373-3356 Both the ICAO regulations and 49 CFR allow use of the old version of the Class 9 when it has the horizontal line but 49 CFR does not allow for variations in the width of the stripes Minor Variations of vertical lines on labels as shown in these Regulations or in the regulations of other Minor variations in the design of the symbol on labels or other differences such as the width modes, which do not affect the obvious meaning of the label, are acceptable. For example, right and left vertical lines on the division 4.1 and class 9 labels may extend to the edge of the hand shown on the class 8 label may be shown with or without shading, the extreme the label othere may be some white space al the edge, etc. $172.446 CLASS 9 label. (a) Except for size and color, the "CLASS 9" (miscellaneous hazardous materials) tabel must be as follows: View or download PDF seven black vertical stripes on the top half. The black vertical stripes must be spaced, so that, visually, (b) In addition to complying with §172.407, the background on the CLASS 9 label must be white with white with the class number "g" underlined and centered at the bottom. The solld horizontal line dividing they appear equal in width to the six white spaces between them. The lower half of the label must be the lower and upper half of the label is optionall October 1, 2014. (c) Labels conforming to requirements in place on August 18, 2011 may continue to be used until CFR#

Page 4Chapter 3 5-3-15 (Corrosive) {iof5 Symbol (liquids spilling from two a hand and a metal); black glass vessels and attacking Background: upper half white, lower half black with white border Figure 5-22. Corrosive, Class 8 (Miscellaneous) 1IN 9 Symbol (seven vertical stripes in Background: white upper half): black Figure 5-23. Miscellaneous dangerous goods, Class 9| ICAD 2011-2012 EDITION#

Page 5Radioactive material CLASS 7 RADIOACTIVE I АСТИТУ. RADIOACTIVE IFE Category I - White (No. 7A) (No. 7B) (No. 7C) Symbol (trefoil): black; Category II - Yellow Category IIl - Yellow Text (mandatory): black in lower half of label: Background: white; Symbol (trefoil): black; Background: upper half yellow with white border, lower half white; 'CONTENTS... 'RADIOACTIVE' Text (mandatory): black in lower half of label: 'RADIOACTIVE' 'ACTIVITY 'CONTENTS.. One red bar shall 'ACTIVITY follow the word RADIOACTIVE; In a black outlined box: 'TRANSPORT INDEX; Figure '7' in bottom corner Two red vertical bars shall follow the word Three red vertical bars shall 'RADIOACTIVE; 'RADIOACTIVE; follow the word Figure '7' in bottom corner FISSILE Class 7 fissile material (No. 7E) Text (mandatory): black in upper half of label: FISSILE; Background: white; In a black outlined box in the lower half of the label: 'CRITICALITY SAFETY INDEX' Figure '7' in bottom corner CLASS 8 Corrosive substances Miscellaneous dangerous substances and articles, CLASS 9 including environmentally hazardous substances Symbol (liquids, spilling from two glass vessels (No. 9) and attacking a hand and a metal): black; Symbol (seven vertical stripes in upper halt): black; lower half black with white border; • Background: upper half white; Figure '9' underlined in bottom corner Background: white; Figure '8' in bottom corner UN Rus - 158-#

Page 612mm Note: 2.2 Ibs. * 1 kg. Be in kilograms Dry Ice amount must that require a Shipper's Declaration as a refrigerant for Dangerous Goods A Shipper's Declaration is not DRY ICE, required for Dry Ice-unless it is used Kg. INMARK UN1845 following information should be contained in the When a Shipper's Declaration is not requited, the on the waybill: UN1845, Dry Ice, "Nature and Quantity of Goods" box Net Quantity of Dry Ice Number of packages, 49 CFR Egant Wisth 12mm#

Page 712mm NoT A resprable Number of packages, Net Quantity of Dry Ice "Nature and Quantity of Goods" box on the waybill: UN1845, Dry Ice, When a Shipper's Declaration is not requited, the following information should be contained in the UN1845 Fed Ex INMARK kg. A Shipper's Declaration is not required for Dry Ice - unless it is used as a refrigerant for Dangerous Goods that require a Shipper's Declaration DRY ICE. Dry Ice amount must Be in kilograms Note: 2.2 Ibs. = 1 kg. 12mm#