Lion Technology, Inc. — Hazardous Materials Safety Interpretation

Page 1• U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration SEP 25 2003 Mr. Marc Kleinman Ref. No. 03-0229 Instructor Lion Technology, Inc. P.O. Drawer 7000 Lafayette, New Jersey 07848 Dear Mr. Kleinman: This is in response to your letter dated August 28, 2003 regarding the limited quantity marking requirement established by Docket HM-215E (68 ER 44992; 45031; July 31, 2003). Specifically, you ask if the technical name required on the shipping paper by § 172.203(k) of the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180) must be marked on the packaging when using the limited quantity marking found in § 172.315 of HM-215E. As specified in § 173.315, marking the package with the identification number inside a white square- on-point configuration identifies the material as a limited quantity and fulfills the requirements of § 172.301(a)(1). If a shipper uses this method to identify a packaging containing a limited quantity, he s not required to mark the shipping name or technical name on the packaging. If a shipper chooses t nark the packaging with the shipping name, then a technical name may be added, but so long as th requirements of § 173.315 are met the technical name is not required. I hope this satisfies your request. Sincerely, Shas Dog Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 172.203, 172.315 030229 ASS 00 3.#

Page 2Supke $172.203( LION P.O. Drawer 700 $/72.301(6) TECHNOLOGY INC. (973) 383-0800 03-0230 Mr. Edward I. Mazzullo US DOT/RSPA (DHM-10) Director, Office of Hazardous Materials Standards Washington, DC 20590-0001 400 7th St., S.W. Re: Limited Quantity marking Mr. Mazzulo; transportation training for more than 25 years. Lion Technology Inc. has been providing hazardous materials trained tens of thousands of people. Lion currently conducts over 60 two- Since 1978, we have day hazardous materials transportation workshops per year, nationwide. We that is as technically correct as we can make it. Since we are training have always endeavored to provide our students with regulatory training thousands of people every year, we feel it is very important that what we regarding recent regulatory changes under Docket HM-215E (7/31/03). We are requesting confirmation of a particular interpretation 172.315 which allows limited quantity packagings to be marked with the The recent change to 49 CFR part 172 included adding section marking the proper shipping name of the material on the limited quantity identification number placed within a diamond as an alternative to packaging. Under the new final rule, shippers essentially have the option diamond, or both. of marking the proper shipping name, the identification number within a in a non-bulk package under a generic proper shipping name and the Under existing rules at 49 CFR 172.301 (b), if a material is shipped shipping papers for the package require technical names in parentheses under section 172.203(k), then the techriical names must also be marked on quantity packages are not excluded from this requirement. the package in association with the proper shipping name. Limited DOT's response to comments from the Florida Department of Environmental The closest mention of this issue in the Federal Register came from Protection, Bureau of Emergençy Response. rey gated pung descript to moat take the special o zumber in lieu of the proper shipping name will compromise safety. We composition of the material.... we do not agree that indicating the UN believe the proper shipping name can be quickly determined using the Emergency Response Guidebook's section containing ID numbers."#

Page 3I take this statement to indicate that the UN number alone is marking on the limited quantity package, would the technical names under 1. If the diamond marking is used, and there is no proper shipping name 172.203 (k) still be required? 2. If the diamond marking is used, but the shipper chooses also to mark rules allow, would the technical names under 172.203 (k) be required? the proper shipping name on the limited quantity package, as the new Thank you for your attention to this matter. I look forward to your response. Sincerely, LION TECHNOLOGY INC. Marc Kleinman Instructor#