{"operation":"document","citation":"24-0052","title":"JCI Jones Chemicals, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-12-31","effective_on":null,"summary":"24-0052 response to JCI Jones Chemicals, Inc. concerning 172.406.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0052.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0052.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0052","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-01/240052.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDecember 31, 2024\nTimothy Gaffney\nExecutive Vice President\nJCI Jones Chemicals, Inc.\n100 Sunday Sol Blvd.\nCaledonia, NY 14423\nReference No. 24-0052\nDear Mr. Gaffney:\nThis letter is in response to your June 18, 2024, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the placement of hazard\nlabels on Department of Transportation (DOT) specification 3A480 cylinders. You explain that\nJCI transports 150-pound specification cylinders with a netting around each cylinder to protect\nthe sidewall of the cylinders during handling in transportation and at customer locations. The\nnetting is rigid and tight-fitting and binds the required labels (e.g., Class 2, Class 8, and Div. 5.1)\nunderneath the netting to the sidewall of the cylinder. The labels are non-adhesive labels (i.e., no\nadhesive on either the frontside or backside of the label is used to affix the label to the cylinder).\nYou note that this method of affixing the label allows them to be located on the same surface of\nthe package and near the proper shipping name marking as required in § 172.406 (a)(1)(ii). You\nalso provided a photograph of a cylinder using this netting to affix labels. You ask whether a\ncylinder netting would meet the intent of § 172.406(b)(2) as “other suitable means of affixing”\nlabels to a cylinder.\nIn accordance with § 172.406(a)(1)(i) and (ii), each label must be printed on or affixed to a\nsurface (other than the bottom) of the package or containment device containing the hazardous\nmaterial and be located on the same surface of the package and near the proper shipping name\nmarking if the package dimensions are adequate. Section 172.406(b) affords certain packages\nflexibility to have the label printed on or placed on a securely affixed tag or affixed by other\nsuitable means (emphasis added). Furthermore, § 172.406(f) requires that a label must be clearly\nvisible and may not be obscured by markings or attachments (emphasis added). In this instance,\nit is the opinion of this Office that placing labels underneath a cylinder netting as described and\nshown—via your photograph—may indeed prevent the labels from shifting in orientation or\nlocation such that they remain affixed under normal conditions incidental to transportation, and\n\n<<<PAGE 2>>>\n\nmeet the visibility requirements of § 172.406(f)—i.e., the netting does not cause a reduction in\nthe effectiveness of the the label to properly convey the hazard represented.\nPHMSA emphasizes that we considered the specific example presented with your incoming\nrequest about interpreting § 172.406 requirements. It should not be construed from this\ninterpretation that this method of affixing labels generally meets requirements in all cases. As\nboth means of affixing a label and visibility are performance standards they must be considered\nspecific to each scenario.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nBaker\n24-0052\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request for Formal Letter of Interpretation\nDate: Tuesday, June 18, 2024 12:57:50 PM\nAttachments: Cylinder Netting.heic\nHello Alice,\nPlease see the below interpretation request. Let us know if you need anything.\nSincerely,\nJanaye\nFrom: Tim Gaffney <tgaffney@jcichem.com>\nSent: Tuesday, June 18, 2024 11:55 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for Formal Letter of Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nTO: Director, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nJCI Jones Chemicals, Inc. (JCI) is hereby requesting a formal letter of interpretation of 49\nCFR 172.406 (b)(2) which states “A label may be printed on or placed on a securely affixed\ntag or may be affixed by other suitable means to a cylinder.\n”\n(Emphasis added).\nJCI supplies 150-pound “cylinders” of Chlorine and Sulfur Dioxide to the water treatment\nindustry (primarily municipalities). The cylinders are DOT 3A 480 specification cylinders. JCI\napplies “cylinder netting” around each cylinder to protect the sidewall when the cylinders are\nhandled during transportation and at the customer locations. JCI places the required DOT 4” x\n4” labels (Corrosive, Inhalation Hazard, and Oxidizer for Chlorine, and Corrosive and\nInhalation Hazard for Sulfur Dioxide) underneath the cylinder netting of each cylinder as the\nmeans of affixing them to the cylinders (the DOT labels are non-adhesive). The cylinder\nnetting is rigid and tight fitting and JCI has never experienced these labels/tags being lost in\ntransportation using this method of affixing them to the cylinders. Being placed under the\ncylinder netting also allows the labels/tags to be located on the same surface of the package\nand near the proper shipping name marking as also required by 172.406 (a)(1)(ii).\nThe issue in question is what does “securely affixed” mean. We do not interpret this to mean\nthat the DOT labels need to be glued to or stuck on the cylinder (i.e., with an adhesive\nbacking). Given that 49 CFR 172.406 (b)(2) specifically states that the DOT labels may be\naffixed “by other suitable means to a cylinder”, we believe that the cylinder netting is a\n\n<<<PAGE 4>>>\n\nsuitable securement method when the non-adhesive DOT labels are placed underneath them.\nAttached is a picture of a chlorine cylinder with the non-adhesive DOT labels placed\nunderneath the cylinder netting, and a picture of the DOT labels as purchased from JJ Keller.\nPlease let us know if placing a non-adhesive DOT label underneath the cylinder netting meets\nthe requirements of 49 CFR 172.406 (b)(2) as a suitable means to affix the label to the\ncylinder.\nThank you.\nTim Gaffney\nTimothy J. Gaffney\nExecutive Vice President\nJCI Jones Chemicals, Inc.\n100 Sunny Sol Boulevard\nCaledonia, New York 14423\n(585) 538-2314 (Phone)\ntgaffney@jcichem.com\nThis e-mail is for the sole use of the intended recipients and contains information belonging to JCI\nJones Chemicals, Inc., which is confidential and/or legally privileged. If you are not the intended\nrecipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in\nreliance on the contents of this e-mail information is strictly prohibited. If you have received this e-\nmail in error, please immediately notify the sender and destroy all copies of the original message.","truncated":false,"body_characters":6878}