Interpretation Response #14-0109 ([VEGA Americas, Inc.] [Mr. John F. Birch])

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

Interpretation Response Details

Response Publish Date: 08/21/2014

Company Name: VEGA Americas, Inc.

Individual Name: Mr. John F. Birch

Location State: OH Country: US

View the Interpretation Document

Response text:

August 21, 2014

Mr. John F. Birch
Radiation Safety Program Specialist
VEGA Americas, Inc.
4141 Rosslyn Dr.
Cincinnati, Ohio 45209

Reference No. 14-0109

Dear Mr. Birch:

This is in response to your June 3, 2014 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to labeling requirements. Specifically, you ask whether the three parts of § 172.406(b) must all be met in order to use the exception for label size. The exceptions for § 172.406(b) are as follows: (1) a package that contains no radioactive material and which has dimensions less than those of the required label; (2) a cylinder; and (3) a package which has such an irregular surface that a label cannot be satisfactorily affixed.

The answer is no. Section 172.406(b) allows for exceptions to the labeling requirements in § 172.406. While typically the use of the word "and" in the HMR indicates all requirements must be met, that is not the situation of § 172.406(b). In order to use the exception found in § 172.406(b), one must meet only one of the criteria. The Pipeline and Hazardous Materials Safety Administration (PHMSA) may consider clarifying this requirement in a future rulemaking.

I hope this satisfies your request.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

172.406(b), 172.406

Regulation Sections