Interpretation Response #11-0294 ([Sea-Land Chemical Co.] [Mr. Kerry McMahon])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Sea-Land Chemical Co.
Individual Name: Mr. Kerry McMahon
Location State: OH Country: US
View the Interpretation Document
Response text:
April 12, 2012
Mr. Kerry McMahon
Sea-Land Chemical Co.
821 Westpoint Parkway
Westlake, OH 44145
Ref. No.: 11-0294
Dear Mr. McMahon:
This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR, Parts 171-180) applicable to the placement of labels. Your questions are paraphrased and answered as follows:
Q1. What does the word "near" mean in regards to the requirement in § 172.406 to place a hazard label "near the proper shipping name marking"?
A1. As specified in § 172.406, each label required must be printed on or affixed to a surface (other than the bottom) of the package or containment device containing the hazardous material, and be located on the same surface of the package and near the proper shipping name marking, if the package dimensions are adequate. Additionally, a label must be clearly visible and may not be obscured by markings or attachments. The HMR does not specifically define "near" with respect to § 172.406; however, current reference materials define "near" as "adjacent."
Q2. On a drum, is it permissible to have the proper shipping name marking on the opposite side of the hazard label?
A2. The answer is generally no, as the label must be located on the same surface of the package and near the proper shipping name marking, if the package dimensions are adequate. The intent of § 172.406(a)(1)(ii) is for labels and markings to be near each other, and a drum"s dimensions should be adequate to achieve that objective.
I hope this information is helpful. Please contact this office should you have additional questions.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
172.406
Regulation Sections
| Section | Subject |
|---|---|
| 172.406 | Placement of labels |