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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #13-0191 ([Garland Welding Supply] [Mr. Andrew Simmons])

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

Interpretation Response Details

Response Publish Date:

Company Name: Garland Welding Supply

Individual Name: Mr. Andrew Simmons

Location State: TX Country: US

View the Interpretation Document

Response text:

January 9, 2014

Mr. Andrew Simmons
Garland Welding Supply
1960 Forest Lane
Garland, TX   75042

Ref. No. 13-0191

Dear Mr. Simmons:

This responds to your September 24, 2013 request for clarification on labeling of cylinders under the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180).   Specifically, you ask who is authorized, your drivers or the shipper, to affix a label to the cylinder if the gas in the cylinder is unknown, and the appropriate label is either missing or destroyed.

Section 172.401 requires packages be properly labeled and that the labels accurately reflect the hazardous materials contained in the cylinder.  In accordance with § 171.2(e), an offeror may not offer and a carrier may not accept any hazardous material for transportation that is not properly prepared for shipment, which includes proper labeling.  Generally, a hazard warning label must be printed on or affixed to a surface (other than the bottom) of the package.  As prescribed in § 172.400a(a)(1) of the HMR, a hazard warning label is not required on a cylinder containing a Division 2.1, 2.2 or 2.3 material that is not overpacked and durably and legibly marked in accordance with CGA Pamphlet C-7, Appendix A.

The shipper is responsible for properly identifying the material and preparing it for shipment.  However, both the offeror and carrier bear responsibility for ensuring the cylinders containing hazardous materials are properly prepared for transportation.  In accordance with § 171.2(e), the customer or offeror must ensure the cylinder is properly described, marked, and labeled for transportation, and, the carrier must not accept the cylinder unless it is properly described, marked, and labeled for transportation.   

I hope this answers your inquiry.  If you need additional assistance, please contact this office at 202-366-8553.


Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division

172.401, 171.2, 172.400a

Regulation Sections

Section Subject
171.2 General requirements
172.400 General labeling requirements
172.401 Prohibited labeling