Interpretation Response #98-0322 ([3M Package Engineering])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: 3M Package Engineering
Individual Name:
Location State: AL Country: US
View the Interpretation Document
Response text:
NOV 13, 1998
Mr. William O. Gramer
3M Package Engineering
P.O. Box 33327
St. Paul, MN 55133-3327
Dear Mr. Gramer:
This is in response to your letter dated October 16, 1998, regarding prohibited labeling under the Hazardous Materials Regulations (HMR.; 49 CFR Parts 171-180). Specifically, you state that the European Agreement on the International Transport of Dangerous Goods by Road (ADR) will require the use of a label that has the same shape, dimensions and colors as the hazard warning labels prescribed in the H:lvfR for identifying limited quantities of hazardous materials. You ask if packages of hazardous materials labeled in conformance with the ADR regulations would be acceptable for export from, or import to, the United States.
Section 172.401(c) permits labeling in accordance with the International Civil Aviation Organization Technical Instructions, International Maritime Dangerous Goods Code, or Canadian Transport Dangerous Goods Regulations if a material is a hazardous material or dangerous good under any of these regulations. Except as provided for these regulations, the H:lvfR do not permit the transportation of a package bearing any marking or label which by its color, design, or shape could be confused with a hazard warning label prescribed in the H:lvfR. Therefore, a label that could be confused with or conflict with a hazard warning label may not be displayed on a package for transportation in the United States, to include the ADR labels described in your letter.
I hope this answers your inquiry. Ifwe can be of further assistance, please do not hesitate to contact us.
Sincerely,
Edward Muzzullo, Director
Office of Hazardous Materials Standards
172.40