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Interpretation Response #15-0028

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

Interpretation Response Details

Response Publish Date: 06-12-2015
Company Name: Duke Energy Corporation    Individual Name: Mr. Chuck Denny
Location state: NC    Country: US

View the Interpretation Document

Response text:

June 12, 2015

Mr. Chuck Denny
DOT Hazmat SME
Duke Energy Corporation
526 South Church Street, EC13K
Charlotte, NC 28202

Ref. No. 15-0028

Dear Mr. Denny:

This responds to your February 5, 2015 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for the CLASS 9 (miscellaneous hazardous material label). In your letter, you attach pictures of several examples of CLASS 9 labels. Your questions are paraphrased and answered as follows:

Q1. You ask whether a label with a black background and white stripes meets the HMR labeling requirements specified for the white and black colors for the CLASS 9 label.

A1. The answer is no. Section 172.446(b) specifies that in addition to complying with the label specification requirements found in § 172.407, the background of the CLASS 9 label must be white with seven black vertical stripes on the top half.

Q2. You ask whether a label with a yellow background meets the HMR labeling requirements regarding the white and black colors for the CLASS 9 label.

A2. The answer is no. See A1.

Q3. You ask whether the horizontal line dividing the upper and lower half of a CLASS 9 label must be removed.

A3. The answer is no. In a final rule issued under Docket No. PHMSA-2009-0151 (HM-218F; 76 FR 43510), the Pipeline and Hazardous Materials Safety Administration (PHMSA) revised the illustration of the CLASS 9 label in § 172.446(a) by removing the horizontal line dividing the upper and lower halves. The intent of this revision was to harmonize the visual representation of the CLASS 9 label illustration found in the HMR with that appearing in the United Nations (UN) Model Regulations and relevant international regulations authorized for use by 49 CFR Part 171 Subpart C. While the line no longer appears in the pictorial illustrations within the HMR or international regulations, it is the opinion of this Office the use of the horizontal line does not pose a safety concern. We further note that § 172.446(b) provides that the solid horizontal line dividing the lower and upper half of the label is optional.

I trust this information is helpful. Please contact us if you require further assistance.


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

172.446(b), 172.407, 172.446(a)

Regulation Sections

Section Subject
§ 172.407 Label specifications