Interpretation Response #15-0026
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
March 17, 2015
Ms. Christina M. Kurtz
Manager, Regulations and Packaging
Arkema Inc.
900 First Avenue
King of Prussia, PA 19406
Reference No. 15-0026
Dear Ms. Kurtz:
This is in response to your January 20, 2015 letter proposing a revision to § 172.303(b) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You believe that the current language of the exception in § 172.303(b) relating to prohibited marking, where each of the sub-paragraphs (1), (2) and (3) are independent conditions is not correct. You suggest the language should be changed to require that all conditions must be met for the exception to apply, consistent with the requirements of § 172.401(d) relating to prohibited labeling.
It is the position of this Office that the current language of§ 172.303(b) is correct. Unlike
§ 172.401(d) where all three conditions must be met for the exception to apply, the intent of § 172.303(b) is for the exception to apply if any of the three conditions is met.
I trust this information is helpful and thank you for bringing this concern to my attention. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
172.303(b), 172.401(d)
Regulation Sections
| Section | Subject |
|---|---|
| § 172.401 | Prohibited labeling |