Degesch America, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Administrations MAY 2 2001 Ref. No. 01-0066 Mr. Michael E. Paynter Degesch America, Inc. P.О. Box 116 Weyers Cave, VA 24486 Dear Mr. Paynter: conversation with a This is in response to your letter and subsequent telephone member of my staff asking whether your fumigation marking is in accordance with 49 CFR 173.9. The answer is no. Section 173.9(c)states that except for the size and color, the FUMIGANT marking must be as set forth in the illustration. The text in your marking varies considerably from the illustration and, therefore, does not meet the requirements of paragraph (c). As provided in paragraph (b), if your FUMIGANT marking is authorized by the Environmental Protection Agency (EPA) under 40 CFR, Part 156, it may be used the 49 CFR FUMIGANT marking; however, as you stated on the as an alternative to telephone, your marking has not yet been approved. I hope this information is helpful. Please contact us if you need further assistance. Sincerely, HitheR. mitchet Hattie I. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention ШИНИІН 11319 010066 -#

Page 2mcintyre. §173.91 DEGESCH Fumigant Marking DEGESCH AMERICA, INC. 01 - 0066 28 February 2001 Mr. Ed T. Mazzullo Director of OHMS U.S. DOT/RSPA (DHM-10) 400 Seventh Street, S.W. Washington, DC 20590-0001 Re: 49 CFR 173.9 - Fumigation Placarding Dear Mr. Mazzullo: Degesch America, Inc. manufactures the restricted use pesticide/fumigant, Phostoxin®. One of the primary uses of this EPA approvec product is to fumigate commodities loaded in transport vehicles or freight containers for domestic and international shipment. The provisions of 49 CFR 173.9 requires a fumigation placard to be attixed to all fumigated transport vehicles/containers. The enclosed placard, DAI Form #11075, has been in use for many years and is considered an industry standard. It has been brought to our attention that this placard may not be acceptable under the provisions of 49 CFR 173.9. The text of our placard is quite extensive when compared to that required in 49 CFR 173.9. Under the labeling provisions of 40 CFR 156, the EPA requires very specific text with regards to placarding fumigated areas. If you refer to the enclosed EPA approved applicator's manual, page 14, section 6, the specific information required by the EPA is identified. Degesch America, Inc. is requesting, under 49 CFR section 107.14(2)(b), a written determination of acceptability of Degesch's fumigation placard, Form #11075, with regards to compliance with 49 CFR 173.9 provisions for international and domestic use. Your prompt attention and positive response will be greatly appreciated. -#

Page 3Mr. Ed T. Mazzullo Page 2 28 February 2001 Should you require additional information, please do not hesitate to contact my office. Sincerely, Michael E. Paynter Manager of Regulatory Affairs & Traffic MEP/shn#