The Bullet:

Effective January 20, 2021 there are no longer two options for display of the Class 9 Miscellaneous label. As of o1.20.21, the only acceptable Class 9 label design is that without the horizontal line running across the label at its midpoint.

More information:

This change is to the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA). The final rule was published in the Federal Register at 85 FR 83381, Dec. 21, 2020.

In a final rule published July 20, 2011, HM-218F [76 FR 43510], USDOT/PHMSA revised the Class 9 label design mandated in 49 CFR 172.446(a) by removing the horizontal line running across the label at its midpoint. This line had been previously required to harmonize with international standards and avoid delays or frustration of shipments. This new labeling requirement was to go into effect on August 19, 2011; however, to deplete existing stocks of labels with this horizontal line, USDOT/PHMSA provided at §172.446(c) that labels meeting the requirements in effect before August 19, 2011 could continue to be used until October 1, 2014. That transition period has since expired.

Furthermore, in §172.446(b), USDOT/PHMSA provided the option of using a solid horizontal line dividing the lower and upper half of the label consistent with the transition period specified in §172.446(c). However, with the expiration of the transition period, the solid line is no longer optional or allowed. Therefore, USDOT/PHMSA deleted the last sentence in §172.446(b), which indicated the solid line was optional.

This revision harmonizes the HMR with the international regulations (indicated below) that already mandated the display of the Class 9 label without the horizontal line across the midpoint.

• Dangerous Goods Regulations of the International Air Transport Association (IATA) at 7.3.18.1.
• The Dangerous Goods Code of the International Maritime Organization (IMO) at 5.2.2.2.2.

Conclusion:

If you have any Class 9 Miscellaneous labels that have the horizontal line across the midpoint, throw them away. As of January 20, 2021 they are no longer allowed under any circumstances to be used as hazard communication for a hazardous material or dangerous good in transportation.