RP Kelley Enterprises, Inc, — Hazardous Materials Safety Interpretation

Page 1U.S. Department Research and of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Administration SEP 1 0 2003 Mr. Roland M. Kelley Ref No: 03-0098 RP Kelley Enterprises, Inc. P.O. Box 744 Bonifay, FL 32425 Dear Mr. Kelley: This is in response to your facsimile and subsequent telephone conversation with Sandra Webb of this Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the United Nations (UN) Office requesting confirmation of your understanding of the marking requirements under the Hazardous symbol. Specifically, you ask if a packaging may be marked with a (UN) symbol displayed in a series of small dots with spaces between them instead of a solid circle as illustrated in § 178.503(e)(1). You enclosed a photograph of the marking that depict a series of small dots for our review. You also included a november 8 the UN symbol illustrated in § 178.503 and, therefore, was not acceptable for use as the UN standard UN symbol was not displayed in a circle and, further, that the UN symbol did not appear the same as mark. In our opinion, the use of a series of small dots with spaces between them is permitted provided the As provided in § 178.503 (a)(1), the UN symbol must be as illustrated in paragraph (e) of § 178.503. dots form a circle and, the symbol otherwise appears the same as the UN symbol illustrated in §178.503. I apologize for any confusion our earlier response may have caused, and I hope this information is helpful. If you need additional assistance, do not hesitate to contact us. Sincerely, Thon that Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 178,503 030098#

Page 2FROM : FAX NO. : 8505472122 Ap. Ø3 2003 09:43AM P2 Webb $178.503 (E)() RP Kelley Enterprises Inc. PO Box 744 Marking Bonifay, FL 32425 03-00 98 April 2, 2003 Mr. Edward T. Mazzullo, Director DHM -10 U. S. Department of Transportation Research and Special Programs Administration Office of Hazardous Materials Standards 400 Seventh Street SW Washington, D.C. 20590 RE: Interpretation of 178.503 (e) (1) Dear Mr. Mazzullo: Based on 49 CFR Part 178.503 (e)(1) and interpretation letter Ref. No. 02-0265 issued by your the requirements and was not allowed. The symbol's circle is a series of small dots with office we determined that the UN symbol found on a steel drum (Figure 1) did not conform to spaces between them witch did not match the illustration in 49 CFR Part 178.503 (e) (1). This method of marking appears to be common in the industry and for this reason we contacted your office and inquired if there had been any special exceptions given to manufacturers. On April 2, 2003 your office issued a verbal interpretation stating that the example we have provided meets the requirements of 49 CFR Part 178.503 (e)(1) and is acceptable. Since the example we provided did not display the circle as a solid line, as stated in your previous interpretation Ref. No. 02-0265, we request written confirmation of your verbal interpretation in this matter. Should you have any further questions please contact us at 547-547-2122. Sincerely, babased M. Kelly Roland M. Kelley Packaging Consultant#