422
49 CFR Ch. I (10–1–23 Edition)
§ 172.404
by the NRC or the U.S. Competent Au-
thority.
[Amdt. 172–29, 41 FR 15996, Apr. 15, 1976]
E
DITORIAL
N
OTE
: For F
EDERAL
R
EGISTER
ci-
tations affecting § 172.403, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at
www.govinfo.gov.
§ 172.404
Labels for mixed and consoli-
dated packaging.
(a)
Mixed packaging.
When compatible
hazardous materials having different
hazard classes are packed within the
same packaging, or within the same
outside container or overpack as de-
scribed in § 173.25, the packaging, out-
side container or overpack must be la-
beled as required for each class of haz-
ardous material contained therein.
(b)
Consolidated packaging.
When two
or more packages containing compat-
ible hazardous materials are placed
within the same outside container or
overpack, the outside container or
overpack must be labeled as required
for each class of hazardous material
contained therein, unless labels rep-
resentative of each hazardous material
in the outside container or overpack
are visible.
(c)
Consolidation bins used by a single
motor carrier.
Notwithstanding the pro-
visions of paragraph (b) of this section,
labeling of a consolidation bin is not
required under the following condi-
tions:
(1) The consolidation bin must be re-
usable, made of materials such as plas-
tic, wood, or metal and must have a ca-
pacity of 64 cubic feet or less;
(2) Hazardous material packages
placed in the consolidation bin must be
properly labeled in accordance with
this subpart;
(3) Packages must be compatible as
specified in § 177.848 of this subchapter;
(4) Packages may only be placed
within the consolidation bin and the
bin be loaded on a motor vehicle by an
employee of a single motor carrier;
(5) Packages must be secured within
the consolidation bin by other pack-
ages or by other suitable means in such
a manner as to prevent shifting of, or
significant relative motion between,
the packages that would likely com-
promise the integrity of any package;
(6) The consolidation bin must be
clearly and legibly marked on a tag or
fixed display device with an indication
of each hazard class or division con-
tained within the bin;
(7) The consolidation bin must be
properly blocked and braced within the
transport vehicle; and
(8) Consolidation bins may only be
transported by a single motor carrier,
or on railcars transporting such vehi-
cles.
[76 FR 43527, July 20, 2011]
§ 172.405
Authorized label modifica-
tions.
(a) For Classes 1, 2, 3, 4, 5, 6, and 8,
text indicating a hazard (for example
FLAMMABLE LIQUID) is not required
on a primary or subsidiary label.
(b) For a package containing Oxygen,
compressed, or Oxygen, refrigerated
liquid, the OXIDIZER label specified in
§ 172.426 of this subpart, modified to dis-
play the word ‘‘OXYGEN’’ instead of
‘‘OXIDIZER’’, and the class number
‘‘2’’ instead of ‘‘5.1’’, may be used in
place of the NON-FLAMMABLE GAS
and OXIDIZER labels. Notwithstanding
the provisions of paragraph (a) of this
section, the word ‘‘OXYGEN’’ must ap-
pear on the label.
(c) For a package containing a Divi-
sion 6.1, Packing Group III material,
the POISON label specified in § 172.430
may be modified to display the text
‘‘PG III’’ instead of ‘‘POISON’’ or
‘‘TOXIC’’ below the mid line of the
label. Also see § 172.313(d).
[Amdt. 172–123, 55 FR 52594, Dec. 21, 1990, as
amended at 56 FR 66255, Dec. 20, 1991; 57 FR
45458, Oct. 1, 1992; 64 FR 10776, Mar. 5, 1999; 66
FR 33425, June 21, 2001]
§ 172.406
Placement of labels.
(a)
General.
(1) Except as provided in
paragraphs (b) and (e) of this section,
each label required by this subpart
must—
(i) Be printed on or affixed to a sur-
face (other than the bottom) of the
package or containment device con-
taining the hazardous material;
(ii) Be located on the same surface of
the package and near the proper ship-
ping name marking, if the package di-
mensions are adequate; and
(iii) For transportation by aircraft,
the entire label(s) must appear on one
423
Pipeline and Haz. Matls. Safety Admin., DOT
§ 172.407
side of the package. For cylindrical
packages, the label must be of such di-
mensions that it will not overlap itself.
In the case of cylindrical packages con-
taining radioactive materials, which
require two identical labels, these la-
bels must be centered on opposite
points of the circumference and must
not overlap each other. If the dimen-
sions of the package are such that two
identical labels cannot be affixed with-
out overlapping each other, one label is
acceptable provided it does not overlap
itself.
(2) Except as provided in paragraph
(e) of this section, duplicate labeling is
not required on a package or contain-
ment device (such as to satisfy redun-
dant labeling requirements).
(b)
Exceptions.
A label may be printed
on or placed on a securely affixed tag,
or may be affixed by other suitable
means to:
(1) A package that contains no radio-
active material and which has dimen-
sions less than those of the required
label;
(2) A cylinder; and
(3) A package which has such an ir-
regular surface that a label cannot be
satisfactorily affixed.
(c)
Placement of multiple labels.
When
primary and subsidiary hazard labels
are required, they must be displayed
next to each other. Placement con-
forms to this requirement if labels are
within 150 mm (6 inches) of one an-
other.
(d)
Contrast with background.
Each
label must be printed on or affixed to a
background color contrasting to the
color specification of the label as re-
quired by § 172.407(d)(1), or must have a
dotted or solid line outer border, to en-
hance the visibility of the label. How-
ever, the dotted or solid line outer bor-
der may also be used for backgrounds
of contrasting color.
(e)
Duplicate labeling.
Generally, only
one of each different required label
must be displayed on a package. How-
ever, duplicate labels must be dis-
played on at least two sides or two
ends (other than the bottom) of—
(1) Each package or overpack having
a volume of 1.8 m
3
(64 cubic feet) or
more;
(2) Each non-bulk package containing
a radioactive material;
(3) Each DOT 106 or 110 multi-unit
tank car tank. Labels must be dis-
played on each end;
(4) Each portable tank of less than
3,785 L (1000 gallons) capacity;
(5) Each freight container or aircraft
unit load device having a volume of 1.8
m
3
(64 cubic feet) or more, but less than
18 m
3
(640 cubic feet). One of each re-
quired label must be displayed on or
near the closure; and
(6) An IBC having a volume of 1.8 m
3
(64 cubic feet) or more.
(f)
Visibility.
A label must be clearly
visible and may not be obscured by
markings or attachments.
[Amdt. 172–123, 55 FR 52594, Dec. 21, 1990, as
amended at 56 FR 66255, Dec. 20, 1991; Amdt.
172–130, 58 FR 51531, Oct. 1, 1993; 73 FR 4716,
Jan. 28, 2008; 81 FR 35540, June 2, 2016; 87 FR
44991, July 26, 2022]
§ 172.407
Label specifications.
(a)
Durability.
Each label, whether
printed on or affixed to a package,
must be durable and weather resistant.
A label on a package must be able to
withstand, without deterioration or a
substantial change in color, a 30-day
exposure to conditions incident to
transportation that reasonably could
be expected to be encountered by the
labeled package.
(b)
Design.
(1) Except for size and
color, the printing, inner border, and
symbol on each label must be as shown
in §§ 172.411 through 172.448 of this sub-
part, as appropriate.
(2) The dotted line border shown on
each label is not part of the label speci-
fication, except when used as an alter-
native for the solid line outer border to
meet the requirements of § 172.406(d) of
this subpart.
(c)
Size.
(1) Each diamond (square-on-
point) label prescribed in this subpart
must be at least 100 mm (3.9 inches) on
each side with each side having a solid
line inner border approximately 5 mm
(.2 inches) inside and parallel to the
edge. The 5 mm (.2 inches) measure-
ment is from the outside edge of the
label to the outside of the solid line
forming the inner border.
(i) If the size of the package so re-
quires, the dimensions of the label and