NOVA Chemicals Corporation — Hazardous Materials Safety Interpretation

Page 1s. Departme Transportatic Washington, D.C. 20590 400 Seventh St., S.W. Research and Administratior special Programs JUL 13 2004 Mr. Kevin Duncan Ref. No. 04-0069 Global Packaged and Export Leader NOVA Chemicals Corporation 1000 Seventh Avenue S.W. P.O. Box 2518, Station M Calgary, Alberta, Canada, T2P 5C6 Dear Mr. Duncan: This is in response to your April 28, 2004 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to labels. Specifically, your inquiry concerns whether an identification number and a hazard warning label affixed to a flexible intermediate bulk container are required by the HMR to face outwards (i.e., towards the door) when loaded into an enclosed transport vehicle or freight container. The HMR do not specifically address the visibility of package markings and labels when loaded into an enclosed transport vehicle or freight container. However, placing packages in a transport vehicle in a manner that makes it difficult for carrier personnel or enforcement personnel to determine whether the package conforms to marking and labeling provisions may result in delays or frustration of shipments. I hope this information is helpful. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 040069 172.406#

Page 2/28/04 12:03 FAX 403 750 3941 NOVACHEM M'F CALGARY 0001 Foster & NOVA Chemicals 5112.406 1000 Seventh Avenue S. W., P.O. Box 2518, Station M Labeling Calgary, Alberta, Canada T2P 5C6 Ph# 403-750-3882 04-0069 Fax 403-750-3941 28** April 2004 RE: Request for Interpretation HMR 49 CFR Parts 171-180 To Mr. Edward T Mazzullo Director, Office of Hazardous Materials Standards 400 7" Street S.W. U.S. DOT/RSPA (DHM-10) Washington, D.C. 20590-001 Dear Ed: I am writing to you to request a formal interpretation under HMR 49 Parts 171-180 Does the UN# and Triangle on the FIBC package need to be facing outwards when loaded on a container that the labels would be visible on the packages. The truck and or container would still truck or ocean container. In this I mean that when the doors are opened from the truck or be correctly placarded. In a recent e mail to your department I received a voice mail from one of packages facing outwards towards the doors on the van or container. We would like a formal your representatives named Harry that it was not a requirement to have the labels on the response so that we can maintain this on file and ensure we are in compliance. Due to the FIBC. design we would like to load the bags in the containers or vans facing sideways and your formal decision is required for us to proceed in this. Thank yu for you consideration of this mater. A tax responss to me at 403-750-3041 sall bet Best regards, NOVA Chemicals Corporation Global Packaged and Export Leader#