Interpretation Response #14-0166

Interpretation Response Details

September 04, 2014

Mr. Delmer Billings
Technical Director
Dangerous Goods Advisory Council
7501 Greenway Center Drive, Suite 760
Greenbelt, MD 20770

Reference No. 14-0166

Dear Mr. Billings:

This is in response to your August 28, 2014 email concerning the CLASS 9 miscellaneous hazard class warning label. Specifically, you ask whether a label with slightly wider black stripes is compliant with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You have provided an image of the label in question on the last page of your incoming attachment.

The answer is yes. Section 172.446 requires that the background on the CLASS 9 label must be white with seven black vertical stripes on the top half. The black vertical stripes must be spaced, so that, visually, they appear equal in width to the six white spaces between them. In the image of the label in question, the black stripes appear to be visually equal in width to the white spaces. Although measurement of the outermost black vertical stripes reveals they are slightly larger in width than the inner stripes, they are equal in space from a visual perspective and do not present a reduction in hazard communication.

In addition, as you note in your incoming request, a minor label variation of this type is authorized under the International Civil Aviation Organization Technical Instructions on the Safe Transport of Dangerous Goods by Air (ICAO TI) in Note 2 of Part 5, Chapter 3.5.1. Note 2 provides that minor variations in the design of the symbol on labels or other differences such as the width of vertical lines on labels as shown in the ICAO TI Instructions or in regulations of other modes, which do not affect the obvious meaning of the label, are acceptable. Subpart C of Part 171, authorizes the use of the ICAO TI if any portion of the transportation is by aircraft.

I hope this satisfies your request.

Sincerely,

Shane C. Kelley
Acting International Standards Coordinator
Standards and Rulemaking Division

172.446

Regulation Sections