Interpretation Response #00-0164
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
June 14, 2000
Ms. Dianne Bechtold Ref. No. 00-0164
Place Quick, Inc.
P.O. Box 68091
Schaumburg, IL 60168-0091
Dear Ms. Bechtold:
This is in response to your letter dated June 1, 2000, concerning use of certain reflective materials on transport vehicles to communicate hazard warnings specified in the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180).
Except for hazard warning labels, placards, and orange panels that must conform to certain color tolerances, general marking requirements in §172.304(a) of the HMR are prescribed as a performance standard. For example, markings must be durable, in English, displayed on a background of sharply contrasting color, and located away from any other marking that could substantially reduce its effectiveness. With respect to your inquiry concerning the display of a proper shipping name or an appropriate common name on a cargo tank, as specified in §172.328(b), we believe, that requirement may be satisfied through the use of red and white reflective material. The application of this marking in a 4" x 12" rectangle would not be prohibited under provisions of §172.502(a).
If changes to the HMR for labels, placards and other hazard warning instruments constructed of reflective materials are adopted, those changes would be in the form of rules of general applicability Thus, I must inform you that a grant of exclusive rights to Place Quick, Inc. for the manufacture of labels and placards made from materials proposed in your petition is not a possibility.
I hope this information is helpful.
Edward T. Mazzullo
Director, Office of Hazardous Materials Standards
|§ 172.519||General specifications for placards|