Container Service Co. — Hazardous Materials Safety Interpretation

Page 1400 Seventh St., S.W. or transportion Washington, D.C. 20590 Research and pecial Program: dministratio MAR - 9 2001 Mr. Stephen C. Fulton Ref. No. 01-0072 Container Service Co. P.O. Box 1115 warrenton, OR 97146-1115 Dear Mr. Fulton: This is in response your March 8, 2001 letter, regarding the applicability of the 24-hour emergency response phone number to Carbon dioxide, solid (Dry ice) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). 'Section 172.604 requires offerors of hazardous materials to include on a shipping paper a 24-hour emergency response phone number for use in the event of an emergency involving the hazardous materiąl. However, certain hazardous materials are not required to have an emergency response phone number ($ 172.604 (c)). A material properly described under the shipping name "Carbon dioxide, solid or Dry ice" is specifically excluded from the emergency response phone number requirement (S 172.604 (c) (2)). I hope this satisfies your request. Sincerely, Transportation Regulations Specialists Office of Hazardous Materials Standards 17266044 010072#

Page 2BAH $172.604 (c) DC Container Service Co. Emergency Response (Tetephone) Rif. No. 01-0072 P.O.Box 2164 P.O. Box 1115 Lake Oswego, OR 97035 Warrenton, OR 97146 Iel 503 682 6812 Fax 503 861 0287 Tel 503 861 3338 Fax 503 682 774) March 8, 2001 Ref: NM-1001 Mr. Edward Muzzullo Director, Office of Hazardous Material Standards United States Department of Transportation/RSPA (DHM-10) Washington, D.C. 20590-0001 400 7th Street SW (via fax 1-202-366-3012, hard copy by mail) Re: Letter of Interpretation Dear Mr. Muzzullo: I am writing to your office to request a letter of interpretation for CFR 49, 172.604 (c). Do the requirements of the section of the regulations (for a 24-hour emergency contact number) apply for Carbon dioxide, solid? In CFR 49, 172.604 (c) it states, "The requirements of this section do not apply to - (1) limited quantities: and (2) Material properly described under the following shipping names: Hazardous materials that are offered for transportation under the provision applicable to Battery powered equipment....Carbon dioxide, solid...... Dry ice..... Wheelchair, electric" I have spoken to your staff via your office via telephone at 1-800-467-4922. I was informed that shipments containing Carbon dioxide, solid, as a refrigerant, by water, do not require a 24-hour emergency response telephone number to be listed. I understand the basis for this interpretation is that the traditional use of "and" does not apply to link 172.604 (c) (1) and 172.604 (c) (2) together. Carbon dioxide, solid is listed in 172.604 (c) (2) thus the 24-hour emergency response number is not required. I request that your office confirm the interpretation for me in writing at the Warrenton, Oregon address listed above and by fax at 1-503-861-0827 if possible. Sincerely, stephene Futon President Container Service Co, Warrenton, Oregon Office scf@pacifier.com#