Laboratory Corporation of American — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W Washington, D.G. 20590 Research and Special Programs JUN 4 2003 Administration • Mr. Donald E. Horton, Jr. Assistant General Counsel Reference No.: 03-0110 and Director of Corporate Safety Laboratory Corporation of American 430 South Spring Street Burlington, NC 27215 Dear Mr. Horton: This responds to your letter requesting clarification of the limited quantity provisions under the Hazardous Materials Regulations (HMR; 49 CFR 171-180). Specifically, you ask if the term "net capacity" refers to the volumetric capacity of a container or to the net amount of hazardous material in a container. You enclosed a recent letter of interpretation (Reference No. 02-0301) Information Center. that appears to contradict information you received from a specialist in the Hazardous Materials The information you received from the Hazardous Materials Information Center is correct. Section 173.154(b)(1) authorizes the use of inner packagings not over 1.0 L (0.3 gallon) net capacity each for liquids. Therefore, "net capacity" refers to the volumetric capacity of the packaging, not the net amount of hazardous material present in the packaging. Out response Al in the above referenced clarification letter has been revised. I hope this satisfies your inquiry. Sincerely, Hitter mithee Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards Enclosure 173.154 030110#

Page 2Enclosure. S. Departmer JUN - 4 2003 Transportatic 400 Seventh St., S.W. Washington, D.C. 20590 Ms. Penny L. Guido P. O. Box 14715 YUASA Battery, Inc. Reference No.: 02-0301 Reading, PA19612-4715 Attn: Mr. Joe Majesky Dear Ms. Guido: This letter replaces our January 22, 2003 response concerning the limited quantity exception in § 173.154 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that you manufacture dry batteries that are shipped with a separate acid pack which is a polyethylene bottle with a volume of 32 ounces or less. One dry battery and an acid pack are offered for domestic and international transportation. In a subsequent telephone conversation packaged in a UN certified packaging, marked "Battery fluid, acid, UN2796." The product is with a member of my statf, you clarified that each acid pack contains less than 0.4 L of acid. Our response to question 1 is revised for clarity. Your questions are paraphrased and answered as follows: Q1. May our product be offered as a limited quantity under the provisions in § 173.154(b)? Al. The answer is yes. The § 172.101 Hazardous Materials Table authorizes Battery fluid, acid, UN2796 to be packaged in accordance with § 173.154. The limited quantity provisions for Class 8, PG II materials in § 173.154(b)(1) authorize the use of an inner packaging not over 1 I (0.3 gal.) net capacity for liquids. Q2. How are "limited quantities" described on a shipping paper and what are the marking requirements for "limited quantity" packages? A2. The description for a material offered for transportation as a "limited quantity" must include the words "Limited Quantity" or "Ltd Qty" following the basic description, see § 172.203(b). Packages must be marked with the proper shipping name for the material as shown in the Hazardous Materials Table, see § 172.301(a). The identification number is not required on packages that contain only limited quantities. Under § 172.312, package orientation markings are required on two opposite vertical sides of a non-bulk package containing liquid hazardous materials except when the inner packagings are hermetically sealed.#

Page 3Q3. May the limited quantity exception be used in international commerce? A3. Limited quantities may be offered for international transportation by air and by vessel. Internationai air transportation is subject to the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air. See Part 3, Chapter 4, for acceptable dangerous goods (hazardous materials), specific packaging requirements, and are found in the International Maritime Dangerous Goods Code, Volume 2, Chapter 3.4. quantity limitations. The applicable regulations for limited quantities being transported by vessel I hope this information is helpful. Sincerely, Helle z. Michell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 4Corbin §,173.154 Limited Quantities <LabCorp Laboratory Corporation of America Laboratory Corporation o orporation America Hodings 430 South Spring Street April 24, 2003 Burlington, North Carolina 27215 03-D|/0 Telephone: 336-584-5171 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards (DHM-10) Research and Special Programs Administration ("RSPA") 400 7" Street, SW U.S. Department of Transportation Washington, DC 20590-0001 Re: Corrosive liquids, Class 8, Limited Quantities Exception Dear Mr. Mazzullo: Laboratory Corporation of America Holdings ("LabCorp") ships by ground, from a central containing only 30 ml of 6.0 N hydrochloric acid ("HCI"). The HCl in the container has a warehouse to its field operations, 3.0 L volumetric capacity urine collection containers, each Packing Group II classification, according to the manufacturer. The containers are shipped in cases containing twenty-four (24) individual containers, Over the past six (6) months, LabCorp materials with no exceptions, pursuant to the Hazardous Materials Regulations ("HMR", 49 CFR has shipped 1,886 cases of these containers. The containers are currently shipped as hazardous Parts 171-180). It would be beneficial for Lab Corp to ship these containers under the limited quantities exception tound in 49 CFR § 173.154 (b) (1), which permits ground shipments of corrosive materials in Packing Group II in inner packagings not over 1.0 L "net capacity" for liquids. However, since DOT has issued conflicting information when discussing "net capacity", which is not defined in exception pending clarification of the term. 49 CFR § 171.8, we have, to date, taken the more conservative approach of not utilizing the capacity" of a container includes the air space of the container and should not be confused with According to the DOT Hazardous Materials Information Center ("HMIC'"), the term "net the actual volume of the hazardous material that is present inside the container. In other words, "net capacity" refers to the volumetric capacity of the container and not the net amount of hazardous material that is actually present inside the container. However, a search for letters of interpretation issued by RSPA produced a letter dated January 22, 2003 from Hattie L. Mitchell of your office (Enclosure 1). This letter, in discussing the limited quantities exception in 49 CFR § 173.154 (b) (1), appears to indicate that it is the as a limited quantity. quantity of hazardous material in the container that determines whether or not it may be shipped#

Page 5Mr. Edward T. Mazzullo Page 2 April 24, 2003 If the HMIC interpretation of "net capacity" is correct, it appears that our containers cannot be exceeds 1.0 L. However, if the January 22 interpretation letter is correct, it appears that ou shipped under the limited quantities exception because the volumetric capacity of each container containers can be shipped under the limited quantities exception, since each container only contains 30 ml of hazardous material. In summary, for the purpose of determining whether the containers described in this letter may like a written interpretation from RSPA regarding the definition of "net capacity" as used in that be shipped under the limited quantities exception of 49 CFR § 173.154 (b) (1), LabCorp would section. Does the term mean: amount of hazardous material contained therein; or a) The volumetric, total capacity of the container, including air space, independent of the b) The quantity of hazardous material actually present in the container? information, please do not hesitate to contact me at (336) 436-5040. Thank you for your assistance, and I look forward to hearing from you. If you need any further Very truly yours, LABORATORY CORPORATION OF AMERICA HOLDINGS, Assistant General Counsel Donald E. Horton, Jr. and Director of Corporate Safety 0403rspa.001 Enclosure CC: Dave King Jacob Naeyaert ........................#

Page 6Page 1 of 2 Jan 22, 2003 1/22/2003 - 173.154 Reference No.: 02-03 01 Ms. Penny L. Guido P.O. Box 14715 YUASA Battery, Inc. Reading, PA19612-4715 Dear Ms. Guido: This is in response to your letter requesting clarification of the limited quantity exception under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that you bottle with a volume of 32 ounces or less. One dry battery and an acid pack, are packaged in a manufacture dry batteries that are shipped with a separate acid pack which is a polyethylene domestic and international transportation. In a subsequent telephone conversation with a UN certified packaging, marked "Battery fluid, acid, UN2796." The product is offered for member of my staff, you clarified that each acid pack contains less than 0.4 L of acid. Your questions are paraphrased and answered as follows: Q1. May our product be offered as a limited quantity under the provisions in § 173.154(b)? (b)(1) authorize a maximum of 1 L (0.3 gal.) in each inner packaging. Al. The answer is yes. The limited quantity provisions for Class 8, PG II materials in §. 173.154 requirements for "limited quantity" packages? Q2. How are "limited quantities" described on a shipping paper and what are the marking A2. The description for a material offered for transportation as a "limited quantity" must include Packages must be marked with the proper shipping name for the material as shown in the the words "Limited Quantity" or "Ltd Qty" following the basic description, see' § 172.203(b). Hazardous Materials Table, see § 172.301(a). The identification number is not required on are required on two opposite vertical sides of a non-bulk package containing liquid hazardous packages that contain only limited quantities. Under § 172.312, package orientation markings materials except when the inner packagings are hermetically sealed. Q3. May the limited quantity exception be used in international commerce? A3. Limited quantities may be offered for international transportation by air and by vessel. Internationa. air transportation is subject to the International Civil Aviation Organization's for acceptable dangerous goods (hazardous materials), specific packaging requirements, and Technical Instructions for the Safe Transport of Dangerous Goods by Air. See Part 3, Chapter 4, quantity limitations. The applicable regulations for limited quantities being transported by vessel are found in the International Maritime Dangerous Goods Code, Volume 2, Chapter 3.4. I hope this information is helpful. Sincerely, http://www.myregs.com/dotrspa/goto.asp?ref=IDOT_020301&print=yes 4/22/2003#

Page 7Page 2 of 2 Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 173.154 © 2002 Labelmaster Software, American Labelmark Company. All rights reserved. http://www.myregs.com/dotrspa/goto.asp?ref-IDOT 020301&print=yes 4/22/2003#