Interpretation Response #24-0052

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

Interpretation Response Details

Response Publish Date: 12/31/2024

Company Name: JCI Jones Chemicals, Inc. 

Individual Name: Timothy Gaffney 

Location State: NY Country: US

View the Interpretation Document

Response text:

December 31, 2024

Timothy Gaffney
Executive Vice President
JCI Jones Chemicals, Inc.
100 Sunday Sol Blvd.
Caledonia, NY 14423

Reference No. 24-0052

Dear Mr. Gaffney:

This letter is in response to your June 18, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the placement of hazard labels on Department of Transportation (DOT) specification 3A480 cylinders. You explain that JCI transports 150-pound specification cylinders with a netting around each cylinder to protect the sidewall of the cylinders during handling in transportation and at customer locations. The netting is rigid and tight-fitting and binds the required labels (e.g., Class 2, Class 8, and Div. 5.1) underneath the netting to the sidewall of the cylinder. The labels are non-adhesive labels (i.e., no adhesive on either the frontside or backside of the label is used to affix the label to the cylinder). You note that this method of affixing the label allows them to be located on the same surface of the package and near the proper shipping name marking as required in § 172.406 (a)(1)(ii). You also provided a photograph of a cylinder using this netting to affix labels. You ask whether a cylinder netting would meet the intent of § 172.406(b)(2) as "other suitable means of affixing" labels to a cylinder.

In accordance with § 172.406(a)(1)(i) and (ii), each label must be printed on or affixed to a surface (other than the bottom) of the package or containment device containing the hazardous material and be located on the same surface of the package and near the proper shipping name marking if the package dimensions are adequate. Section 172.406(b) affords certain packages flexibility to have the label printed on or placed on a securely affixed tag or affixed by other suitable means (emphasis added). Furthermore, § 172.406(f) requires that a label must be clearly visible and may not be obscured by markings or attachments (emphasis added). In this instance, it is the opinion of this Office that placing labels underneath a cylinder netting as described and shown-via your photograph—may indeed prevent the labels from shifting in orientation or location such that they remain affixed under normal conditions incidental to transportation, and meet the visibility requirements of § 172.406(f)—i.e., the netting does not cause a reduction in the effectiveness of the label to properly convey the hazard represented.

PHMSA emphasizes that we considered the specific example presented with your incoming request about interpreting § 172.406 requirements. It should not be construed from this interpretation that this method of affixing labels generally meets requirements in all cases. As both means of affixing a label and visibility are performance standards they must be considered specific to each scenario.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

172.406 (a)(1)(ii), 172.406(b)(2), 172.406(a)(1)(i), 172.406(b), 172.406(f), 172.406

Regulation Sections