The Sherman-Williams Company — Hazardous Materials Safety Interpretation

Page 1.S. Departmen f Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration OCT 9 2003 Ms. Sandra L. Basham Director of Transportation Corporate Ref. No. 03-0237 Regulatory Affairs The Sherman-Williams Company 101 West Prospect Avenue Cleveland, OH 44115-1075 Dear Ms. Basham: This is in response to your letter dated September 16, 2003 regarding the limited quantity marking requirements found in Part 172, Subpart D of the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180). Specifically, you ask if a package marked with the identification number inside a white square-on-point configuration and the term "LIMITED QUANTITY" materials. would fulfill the marking requirements for packages containing limited quantities of hazardous Your example fulfills the requirements of § 173.315, which permits a shipper to mark the package with the identification number inside a white square-on-point configuration to identify is neither required nor prohibited under § 172.303. Therefore, marking the term "LIMITED the material as a limited quantity. Further, placing the term "Limited Quantity" on the packaging QUANTITY" on the package as shown in your example is acceptable. Note, however, that, in markings are required. At the very least, the package must be marked with the consignee's or order for your example to fulfill the requirements of Part 172, Subpart D, additional packaging under § 172.312. consignor's name and address under § 172.301(d) and, possibly, packaging orientation arrows I hope this satisfies your request. Sincerely, Whos Dooy Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 172.301 030237#

Page 251724381 Bioneral treat 35 87- Regulatory Services 101 WEST PROSPECT AVENUE THE SHERWIN-WILLIAMS COMPANY CLEVELAND, OH 44115-1075 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED September 16, 2003 Mr. Edward T. Mazzullo Director of Office of Hazardous Materials Standards 400 7* Street SW USDOT/RSPA (DHM-10) Washington, DC 20590-001 Dear Mr. Mazzullo: Our company manufactures, warehouses, and transports paint and other products throughout the containing limited quantities of dangerous goods to be exempt from packaging, marking, and United States and Canada. Transport Canada's Clear Language regulations allow cartons labeling requirements. The only mark that is required it the words "LIMITED QUANTITY" (or its accepted abbreviation) on one side of the carton. In their Amendment Number 2, adopted August 13, 2003, Transport Canada indicated that the term "CONSUMER COMMODITY" could be used interchangeably with "LIMITED QUANTITY." In HM-215E, Section 172.301 indicates that it is no longer necessary to mark both the proper shipping name and the UN number on packages of ORM-D and limited quantities. In these cases, the UN number may be dropped. Additionally, Section 172.315 allows an alternative mark for limited quantities. The proper shipping name is not required if the carton is marked with the UN number placed within a diamond shape. As Sherwin-Williams routinely has product that is manufactured and packaged in Canada for shipment to the US, as well as product manufactured and packaged in the US for shipment to Canada, we need to find one method of carton marking that will be acceptable to the regulatory agencies of both countries. Would US DOT /RSPA find a carton marked as shown in the illustration below (with both the words "LIMITED QUANTITY" and the UN number within a diamond) acceptable? Would such a carton being imported into the US from Canada be in violation of any regulations? Would it be acceptable for reshipment throughout the United States?#

Page 3LIMITED QUANTITY UN1263 Can you please provide a written interpretation of this proposed carton marking? Thank you for your prompt assistance with this matter. Sincerely, THE SHERWIN-WILLIAMS COMPANY Suda Jac Director of Transportation Sandra L. Basham Corporate Regulatory Affairs Enc: sketches#