title-49-part-172-sec172-402

419

Pipeline and Haz. Matls. Safety Admin., DOT

§ 172.402

HAZARD or POISON GAS label or
placard, under the conditions set forth
in § 171.23(b)(10) of this subchapter.

[Amdt. 172–123, 55 FR 52594, Dec. 21, 1990]

DITORIAL

OTE

: For F

EDERAL

EGISTER

ci-

tations affecting § 172.400a, see the List of
CFR Sections Affected, which appears in the
Finding Aids section of the printed volume
and at

www.govinfo.gov.

§ 172.401

Prohibited labeling.

(a) Except as otherwise provided in

this section, no person may offer for
transportation and no carrier may
transport a package bearing a label
specified in this subpart unless:

(1) The package contains a material

that is a hazardous material, and

(2) The label represents a hazard of

the hazardous material in the package.

(b) No person may offer for transpor-

tation and no carrier may transport a
package bearing any marking or label
which by its color, design, or shape
could be confused with or conflict with
a label prescribed by this part.

and (b) of this section, do not apply to
packages labeled in conformance with:

(1) The UN Recommendations (IBR,

see § 171.7 of this subchapter);

(2) The IMDG Code (IBR, see § 171.7 of

this subchapter);

(3) The ICAO Technical Instructions

(IBR, see § 171.7 of this subchapter);

(4) The TDG Regulations (IBR, see

§ 171.7 of this subchapter).

(5) The Globally Harmonized System

of Classification and Labelling of
Chemicals (GHS) (IBR, see § 171.7 of
this subchapter).

(d) The provisions of paragraph (a) of

this section do not apply to a pack-
aging bearing a label if that packaging
is:

(1) Unused or cleaned and purged of

all residue;

(2) Transported in a transport vehicle

or freight container in such a manner
that the packaging is not visible dur-
ing transportation; and

(3) Loaded by the shipper and un-

loaded by the shipper or consignee.

[Amdt. 172–9, 41 FR 15996, Apr. 15, 1976, as
amended by Amdt. 172–75, 47 FR 44471, Oct. 7,
1982; Amdt. 172–77, 47 FR 54822, Dec. 6, 1982;
Amdt. 172–94, 49 FR 38134, Sept. 27, 1984;
Amdt. 172–100, 50 FR 41521, Oct. 11, 1985;
Amdt. 172–123, 55 FR 52594, Dec. 21, 1990;
Amdt. 172–132, 58 FR 50501, Sept. 27, 1993; 66
FR 8647, Feb. 1, 2001; 66 FR 45379, Aug. 28,
2001; 68 FR 75741, 75742, Dec. 31, 2003; 74 FR
2252, Jan. 14, 2009]

§ 172.402

Additional labeling require-

ments.

(a)

Subsidiary hazard labels.

Each

package containing a hazardous mate-
rial—

(1) Shall be labeled with primary and

subsidiary hazard labels as specified in
column 6 of the § 172.101 table (unless
excepted in paragraph (a)(2) of this sec-
tion); and

(2)For other than Class 1 or Class 2

materials (for subsidiary labeling re-
quirements for Class 1 or Class 2 mate-
rials see paragraph (e) or paragraphs (f)
and (g), respectively, of this section), if
not already labeled under paragraph
(a)(1) of this section, shall be labeled
with subsidiary hazard labels in ac-
cordance with the following table:

UBSIDIARY

AZARD

ABELS

Subsidiary hazard

level (packing

group)

Subsidiary Hazard (Class or Division)

4.1

4.2

4.3

5.1

6.1

I ...........................

***

II ..........................

III .........................

X—Required for all modes.
*—Required for all modes, except for a material with a flash

point at or above 38

C (100

F) transported by rail or high-

way.

**—Reserved
***—Impossible as subsidiary hazard.

(b)

Display of hazard class on labels.

The appropriate hazard class or divi-
sion number must be displayed in the
lower corner of a primary hazard label
and a subsidiary hazard label.

(c)

Cargo Aircraft Only label.

Each per-

son who offers for transportation or
transports by aircraft a package con-
taining a hazardous material which is
authorized on cargo aircraft only shall
label the package with a CARGO AIR-
CRAFT ONLY label specified in
§ 172.448 of this subpart.

420

49 CFR Ch. I (10–1–23 Edition)

§ 172.403

(d)

Class 7 (Radioactive) Materials.

Ex-

cept as otherwise provided in this para-
graph, each package containing a Class
7 material that also meets the defini-
tion of one or more additional hazard
classes must be labeled as a Class 7 ma-
terial as required by § 172.403 and for
each additional hazard.

(1) A subsidiary label is not required

for a package containing material that
satisfies all of the criteria in § 173.4,
§ 173.4a, or § 173.4b applicable to the sub-
sidiary hazard class.

(2) Each package or overpack con-

taining fissile material, other than
fissile-excepted material (see § 173.453
of this subchapter) must bear two
FISSILE labels, affixed to opposite
sides of the package or overpack, which
conforms to the figure shown in
§ 172.441; such labels, where applicable,
must be affixed adjacent to the labels
for radioactive materials.

(e)

Class 1 (explosive) Materials.

In ad-

dition to the label specified in column
6 of the § 172.101 table, each package of
Class 1 material that also meets the
definition for:

(1) Division 6.1, Packing Groups I or

II, shall be labeled POISON or POISON
INHALATION HAZARD, as appro-
priate.

(2) Class 7, shall be labeled in accord-

ance with § 172.403 of this subpart.

(f)

Division 2.2 materials.

In addition

to the label specified in column 6 of the
§ 172.101 table, each package of Division
2.2 material that also meets the defini-
tion for an oxidizing gas (see § 171.8 of
this subchapter) must be labeled OXI-
DIZER.

(g)

Division 2.3 materials.

In addition

to the label specified in column 6 of the
§ 172.101 table, each package of Division

2.3 material that also meets the defini-
tion for:

(1) Division 2.1, must be labeled

Flammable Gas;

(2) Division 5.1, must be labeled Oxi-

dizer; and

(3) Class 8, must be labeled Corrosive.

[Amdt. 172–123, 55 FR 52594, Dec. 21, 1990, as
amended at 56 FR 66255, Dec. 20, 1991; Amdt.
172–139, 59 FR 67490, Dec. 29, 1994; Amdt. 172–
140, 60 FR 26805, May 18, 1995; Amdt. 172–149,
61 FR 27173, May 30, 1996; 62 FR 39405, July 22,
1997; 66 FR 33425, June 21, 2001; 69 FR 3668,
Jan. 26, 2004; 74 FR 2252, Jan. 14, 2009; 76 FR
56314, Sept. 13, 2011; 79 FR 40609, July 11, 2014]

§ 172.403

Class 7 (radioactive) mate-

rial.

(a) Unless excepted from labeling by

§§ 173.421 through 173.427 of this sub-
chapter, each package of radioactive
material must be labeled as provided in
this section.

(b) The proper label to affix to a

package of Class 7 (radioactive) mate-
rial is based on the radiation level at
the surface of the package and the
transport index. The proper category of
label must be determined in accord-
ance with paragraph (c) of this section.
The label to be applied must be the
highest category required for any of
the two determining conditions for the
package. RADIOACTIVE WHITE-I is
the lowest category and RADIO-
ACTIVE YELLOW-III is the highest.
For example, a package with a trans-
port index of 0.8 and a maximum sur-
face radiation level of 0.6 millisievert
(60 millirems) per hour must bear a
RADIOACTIVE YELLOW-III label.

Class 7 (radioactive) materials pack-
ages:

Transport index

Maximum radiation level at any point

on the external surface

Label category

....................................................................

Less than or equal to 0.005 mSv/h (0.5

mrem/h).

WHITE-I.

More than 0 but not more than 1 ..................

Greater than 0.005 mSv/h (0.5 mrem/h)

but less than or equal to 0.5 mSv/h
(50 mrem/h).

YELLOW-II.

More than 1 but not more than 10 ................

Greater than 0.5 mSv/h (50 mrem/h)

but less than or equal to 2 mSv/h
(200 mrem/h).

YELLOW-III.

More than 10 ..................................................

Greater than 2 mSv/h (200 mrem/h)

but less than or equal to 10 mSv/h
(1,000 mrem/h).

YELLOW-III (Must be shipped under

exclusive use provisions; see
173.441(b) of this subchapter).

Any package containing a ‘‘highway route controlled quantity’’ (§ 173.403 of this subchapter) must be labelled as RADIO-

ACTIVE YELLOW-III.

If the measured TI is not greater than 0.05, the value may be considered to be zero.