Exide TecImologies — Hazardous Materials Safety Interpretation

Page 1: • U.S. Department of Transportation 400 Seventh St., S.W. Research and Washington, D.C. 20590 Administrations . OCT 17 2003 Mr. David M. Bloom Manager-Environment, Health and Safety Ref No. 03-0238 Exide Technologies Building 200 13000 Deerfield Parkway Alpharetta, GA 30004 Dear Mr. Bloom: This is in response to your September 15, 2003 letter, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to orientation arrows. Specifically, you ask if orientation arrows on non-hazardous packages are prohibited, and if the display of orientation arrows necessarily indicates the presence of hazardous materials. The answer is no. The arrows are a communication requirement that tells the handler of the package the correct orientation for transportation. In accordance with § 172.312, liquid hazardous materials in non-bulk packagings must be marked with package orientation markings that conform pictorially to ISO Standard 780-1985, on two opposite vertical sides of the package with the arrows pointing in the correct upright direction. Depicting a rectangular border around not be displayed on a package containing a liquid hazardous material. There is nothing in the the arrows is optional. Arrows for purposes other than indicating proper package orientation may regulations prohibiting the use of these arrows for other packagings. Therefore, they can be used in any manner for shipments of solids and non-hazardous materials. I hope this satisfies your inquiry. Sincerely, susan Cosmog enior Transportation Regulations Speciali ffice of Hazardous Materials Standard 172.312 030238#

Page 2• • Foster 5171.26)(2) TYIDE $ 172.303 •NOLOGIES $172.312 1300 Deeried Parkway David I Bldg. 200 Marking • Alpharetta, GA 30004 678-566-9378 September 15, 2003 03-0238 Mr. Edward T. Mazzallo Direcics, Office of Hazardous N'ateriais Standards Research and Special Programs Administratior United States Department of transportation 400 Seventh Street, S.W. DHM-10 Washington, DC 20590-0001 RE: Request for Clarification 49 CFR 171.2(f)(2) 49 CFR 172.303 49 CFR 172.312 Dear Mr. Mazzullo: The purpose of my letter is to request writteh contirmation of what we have been told orally by the DOT's Hazardous Materials Information Coater Hotline, ie., that Exide Technologies application of orientation arrows on not hazardous packages is not. ** prohibited, and that their display does not necessarily, masato the presence of hazarious 2301029: Peo:603: Exile Téckriologies is the fargest manufactürer of lead-acid, automotive-type batteries in the United States, and in the world. The application in question involves Exide Technologies packaging non-hazardous dry batteries in cartons also used for packaging DOT-regulated hazardous naturals: The cartons tised in this dual capacity are pre-printed with the proper orientation arrows as described in 49 CFR 172.312. When packaging. However, when DOT-regulated hazardous materials are packaged in these non-hazardous, dry batteries are shipped; no other markings or labels are added to the cartons, the additional required markings and labels are added to communicate the presence of DOT-regulated hazardous materials, ie:, batteries, wet, filled with acid, 8, ON2794 0212:0 As noted above, the critical-séction for present purposes is 49 CFR Secñon 171.2 (f) (2) which is stated as: (f) No person shall, by marking or otherwise, represent that -- (2) A hazardous material is present in a package, container, motor vehicle, rail car, aircraft, or vessel, if the hazardous maferial is not present. For reasons öutlined below, it is Exide Technologies understanding that this paragraph does nót preclude the application hazardouk materials. We request your confirmation of this understanding. of the otientation marking piescribed in the HMR on packages containing otily non- ід СЬК ІS3IS +.!! 268 F0 CH6!17302#

Page 3"Mr. Edward T. Mazzulle Page 2 September 15, 2003 Section 172.312 of the HMR prescribes the conditions under which package orientation markings must be applied to non-bulk packages containing liquid hazardous materials, and also prescribes the pictorial illustration of the orientation marking. Paragraph (b) of the section specifically prohibits the display of arrows for purposes other material". Moreover, section 172.303 only the applicaiion of a proper shippirg name or identification number to a package unless the package contzins the identified hazardous material or its residue. The section does no: prohibit display of the prescribed package orientation markings on packages other than those for which it is required (i.e., certain non-bulk packages containing liquid hazardous materiais). Thus, nowhere in the HMR is the dispiay of the prescribed orientation marking prohibited on any package - including those packages containing liquid hazardous materials for which the display is not specifically required, packages containing solid hazardous materials, or, indeed, packages containing non-hazardous materials. further, or if you wish to discuss this matter further, please do not hesitate to contact me Thank you for your consideration of our request. If we can provide anything on (678) 566-9378, or at the address noted on the first page. Very truly yours, David M. Bloome Manage - Environment, Health & Safety#