Mr. Lonnie Harrington — Hazardous Materials Safety Interpretation

Page 1of Transportction U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs NOV 4 2004 Administration Mr. Lonnie Harrington 306 Aundria Drive Ref. No. 83-0235 Lafayette, LA 70503 Dear Mr. Harr ngton: prescribed in §§ 178.3 and 178.703 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You said Mr. Kurt Eichenlaub, a member of our staff, stated to you in a telephone conversation he believed the label you described would meet these criteria. In a September 27, 2004 telephone conversation with Ms. Eileen Edmonson of my staff, you stated the label has a slick coating, cannot be torn, and is sewn on with a heavy density thread. provide this of ice with a example of the label product, but we have not received this material to You also stated in your letter and in your conversation with Ms. Edmonson that you would date. We apologize for the delay in responding and any inconvenience this may have caused. Based on the information you provided, it is this office's opinion the printed Tyvec paper label you described that is properly sized and marked with the DOT specification or UN standard symbols and language required under the HMR for the hazardous material and packaging type will meet the criteria for permanency under § 178.3(a)(3) provided the Tyvec label is secured to a non-removable component of the FIBC in a manner that cannot be removed easily, e.g., if all four outer sides of the Tyvec paper label were sewn to the FIBC. It is also our opinion the printed Tyvec paper label meets the criteria for a "durable" marking under § 178.703(a)(1) introductory paragraph. I hope this satisfies your request. Sincerely, Natte z. Mittell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Regulations 178.3 (a) 3) 178.703 (a)( 030235#

Page 29/25/03 Edmonson Lonnie Harrington 306 Aundria Dr. 3178,3 (a 3) Lafayette, LA 70503 and $/ 78.703 a X1) Marking Good Morning, 03-0235 In speaking to representative, Kurt, this AM I was inquiring as to what is considered under 178.3 (a) ..."must be marked on a non-removable component of the packaging.." a permanent label that the UN markings can be printed on. What I discussed was sewing on to an FIBC is a Tyvec label with markings as referenced in section 178.703 (..."pictogram displaying recommended lifting methods..") and below the pictures, print the UN required numbers (178.503) 12mm or larger. In other words we actually sew the label on to the bag during the manufacturing process on this Tyvec label (quality cloth type label that accepts print readily): I am looking for his response via e-mail, in prelude to getting written formal response. The formal response can be sent to this e-rail address or address: Thanking you in advance for a quick response in this matter. Regards, Lonnie Harrington#