Interpretation Response #03-0098 ([RP Kelley Enterprises, Inc,] [Mr. Roland M. Kelley])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 09/10/2003

Company Name: RP Kelley Enterprises, Inc,

Individual Name: Mr. Roland M. Kelley

Location State: FL Country: US

View the Interpretation Document

Response text:

Sep 10, 2003

Mr. Roland M. Kelley               Reference No. 03-0098
RP Kelley Enterprises, Inc,
P.O. Box 744
Bonifay, FL 32425

Dear Mr.  Kelley:

This is in response to your facsimile and subsequent telephone conversation with Sandra Webb of this Office requesting confirmation of your understanding of the marking requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the United Nations (UN) symbol.  Specifically, you ask if a packaging may be marked with a (UN) symbol displayed in a series of small dots with spaces between them instead of a solid circle as illustrated in § 178.503(e)(1).

You enclosed a photograph of the marking that depict a series of small dots for our review.  You also included a November 8, 2002 letter issued by this Office to your company, stating that the UN symbol should be displayed in a solid circle.  This Office made that determination based on the fact that the UN symbol was not displayed in a circle and, further, that the UN symbol did not appear the same as the UN symbol illustrated in § 178.503 and, therefore, was not acceptable for use as the UN standard mark.

As provided in § 178.503 (a)(1), the UN symbol must be as illustrated in paragraph (e) of § 178.503. In our opinion, the use of a series of small dots with spaces between them is permitted provided the dots form a circle and, the symbol otherwise appears the same as the UN symbol illustrated in §178.503.

I apologize for any confusion our earlier response may have caused, and I hope this information is helpful.  If you need additional assistance, do not hesitate to contact us.

Sincerely,

Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

178.503

Regulation Sections