Interpretation Response #07-0157 ([FedEx Express] [Mr. Thomas J. Leech, III])

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

Interpretation Response Details

Response Publish Date: 11/30/2007

Company Name: FedEx Express

Individual Name: Mr. Thomas J. Leech, III

Location State: TN Country: US

View the Interpretation Document

Response text:

Nov 30, 2007

Mr. Thomas J. Leech, III

FedEx Express

3670 Hacks Cross Road

Building G, 2nd Floor

Memphis, TN 38125-8800

Ref. No.: 07-0157

Dear Mr. Leech:

This responds to your letter dated August 10, 2007, regarding the acceptability under the Hazardous Materials Regulations (HMR; 49 CFR 171-180), specifically §§ 172.304 and 172.406, of various methods used to affix markings and labels to packages.



You enclosed a number of FedEx shipping pouches intended to be affixed to the surface of a package, and one shipping pouch attached to a tag which would be affixed to luggage or a carrying case.  Your questions are paraphrased and answered as follows:

1. May a documentation pouch with an adhesive backing be used to affix a marking or label contained therein to a package?
   
   
   
   As specified in § 172.304, markings must be durable, in English, and printed on or affixed to the surface of a package or on a label, tag, or sign.  The marking must be displayed on a sharply contrasting background, unobscured by labels or attachments, and located away from any other marking that could substantially reduce its effectiveness.  These requirements are performance standards.  Use of a pouch attached by adhesive to a package, or to a tag which is then attached to the package, is an acceptable means of displaying and affixing the markings, when the aforementioned performance standards are met. 
   
   
   
   For labels, § 172.406 requires, in part, that the label be printed on or affixed to a surface of the package, be clearly visible, and not be obscured by markings or attachments.  In the same manner as for markings, a pouch may be used to affix the label to a package.  In addition, under the provisions of §172.407, labels must meet specific durability, weather resistance and color requirements.
   
   
   
2. May a packing list, containing a marking or label printed on a sheet of paper, be used to affix the marking or label to a package? 
   
   
   
   Markings and labels may be displayed along with other information such as that contained on a packing list, if the other information does not reduce the effectiveness of the required information and other performance standards for displaying and affixing the markings and labels are met.  With regard to labels printed on paper, it may be difficult to meet the durability and color requirements of §172.407.
   
   
   
3. May markings and labels typed or printed on a sheet of paper be affixed to a package with clear tape?
   
   
   
   You did not provide an example of how the tape would be used to attach the sheet of paper to the package, nor indicate the quality of the paper.  Considering the lack of tear and moisture resistance of unprotected ordinary paper, a piece of paper may not be sufficiently durable, depending on the conditions of transport.  As indicated above, with regard to labels printed on paper it may be difficult to meet the durability and color requirements of §172.407.
   
   
   
   With regard to the examples of pouches and markings you provided, the backing of each pouch is fully covered with adhesive, suggesting it would be firmly affixed to the surface of the package. Most of the pouches had sealable flaps for inserting their contents; flaps should be sealed to prevent the required information from falling out during transport.

I hope this information is helpful.  If we can be of further assistance, please contact us.

Sincerely,

Edward T. Mazzullo

Director, Office of Hazardous Materials Standards

172.304, 172.406

Regulation Sections