Interpretation Response #12-0177 ([Homax Group, Inc.] [Mr. Eric Clifford])

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

Interpretation Response Details

Response Publish Date: 10/31/2012

Company Name: Homax Group, Inc.

Individual Name: Mr. Eric Clifford

Location State: OH Country: US

View the Interpretation Document

Response text:

October 31, 2012

Mr. Eric Clifford
Homax Group, Inc.
7711 E Pleasant Valley Road
Independence, OH 44131-5532

Ref. No. 12-0177

Dear Mr. Clifford:

This responds to your August 14, 2012 email requesting clarification of the limited quantity marking requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your email, you describe two marking scenarios for a preprinted 6 in. x 6 in. box, intended to be shipped by ground, and you provide pictures illustrating the scenarios as follows: 1) the box is marked with a 50 mm x 50 mm square-on-point limited quantity marking; and 2) the box is marked with a 100 mm x 100 mm square-on-point limited quantity marking. You indicate that the 100 mm x 100 mm size requirement in § 172.315(a) fits on one side of the box but does not allow room for additional information (e.g., a bar code) in pre-printed form in association with the limited quantity marking. You assert that having to pre-print information on multiple sides incurs costs greater than those previously incurred under the requirements for marking of consumer commodity, ORM-D, which accommodated the additional information (because there was no minimum size requirement for the ORM-D marking). Specifically, you ask whether marking the box under scenario 1 would be "non-compliant" and whether marking under scenario 2 would be required.

Section 172.315(a) of the HMR requires the limited quantity marking to be durable, legible, and of a size relative to the package that is readily visible and that the dimensions of the square-on-point marking must be 100 mm on each side unless the package size requires a reduced size marking (which, then must be no less than 50 mm on each side). After having reviewed the pictures accompanying your email, we have concluded that in both scenarios the marking placed on the box appears to satisfy the "readily visible" standard. Therefore, it is our opinion that the marking size may be reduced to less than the 100 mm per side standard (but not less than 50 mm) to the extent necessary to accommodate pre-printing of the additional information needed with the limited quantity marking.

I hope this information is helpful. If you have further questions, please contact this office.

Sincerely,

Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division

172.315

Regulation Sections