Mallinckrodt Baker Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and APR 19 2004 Washington, D.C. 20590 special Programs Administration Ms. Connie Barron Ref. No. 04-0083 Export Distribution Supervisor Mallinckrodt Baker Inc. 7001 Bypass Road Paris, KY 40361 Dear Ms. Barron: This responds to your March 18, 2004 letter requesting clarification on the requirement to mark limited quantity packages with the UN identification number within a diamond under section whether the IMDG Code requires packages containing limited quantities to be marked with the 3.4.5.2 of the International Maritime Dangerous Goods (IMDG) Code. Specifically, you ask UN identification number placed within a diamond as specified in 3.4.5.2 of the IMDG Code. The answer is yes. Section 3.4.5.2 of the IMDG Code states that limited quantity packages need not be marked with the proper shipping name but, must be marked with the UN identification number placed within a diamond. In your letter you note that § 172.315 of the Hazardous Materiais Regulations (HMR; 49 CFR. Parts 171-180) allows the UN identification number within a diamond marking as an option but does not require it if the proper shipping name is marked on the box. You ask whether the intent of the IMDG Code is to also allow a similar alternative. No similar alternative exists in the IMDG Code. However, limited quantities of dangerous goods for personal or household use that meet the provisions of section 3.4.7 of the IMDG Code are not required to be marked with the UN identification number within a diamond. I hope this answers your inquiry. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 040083 ..10% $ 172.315#

Page 2tyco Mallinckrodt Baker, Inc. P.O. Box 800 ' Specialty Paris, KY 40362-0800 Products Tele: 859 987-7000 Mallinckrodt Baker Boothe March 18, 2004 § 172.315 US Department of Transportation Markings Research and Special Programs Administration Office of Hazardous Materials Standards (DHM-10) ot Limited Quantitie 400 Seventh Street SW Washington, DC 20590-0001 04 - 0083 Dear Sirs: January, 2004. This is in the chapter regarding "Limited Quantities", section 3.4.5.1(.2), I am writing to request a DOT interpretation of an IMDG regulation that went into effect Marking & Labeling. provisions of this chapter need not be marked with the Proper Shipping Name of the It states "packages of dangerous goods transported in accordance with the special contents, but shall be marked with the UN Number of the contents placed within a diamond." We are a chemical company and ship roughly 75% of the UN numbered products listed in the Dangerous Goods List. All of our packages ship with a pick ticket label attached that includes the Proper Shipping Name, the hazard class, the UN number, and the packing group. This ticket goes on every box, whether it is a regular hazardous order or a regular order vs. no hazard label for the limited quantity order. All of our hazardous limited quantity order, the only difference being the hazard label being applied for the items are packaged in the correct UN specification packaging, whether they are a regular hazardous order or a limited quantity order. We ship our material worldwide and ship numerous containers and LCL shipments overseas. Because of our extensive product line, and because of the segregation rules for products in 100 gr, 500 gr, or 500 ml size containers, along with the 2.5 ltr and 4 ltr size IMDG (and DOT), we do use the limited quantity rule, as we sell a majority of our We may have an overseas container load that has several different oxidizers, corrosives and flammables. Some of these inner packagings are only 500 ml or 500 gram sizes, as limited quantities based on Column 7 of the Dangerous Goods List.#

Page 3tyc0 Mallinckrodt Baker, Inc. P.O. Box 800 • Specialty Paris, KY 40362-0800 Products Tele: 859 987-7000 Mallinckrodt Baker Because we have so many diren tens that no clairy as winded quantity, our numbered diamonds on each package, no matter how much information you're giving on One interpretation of the regulation is that no matter what, you've got to have these UN the package. However, the other argument or interpretation is that the statement "need not be marked with the Proper Shipping Name of the contents," means that you do not have to do that, but if you do give all the required shipping information, then you've complied with the IMIDG, which is requiring that a UN Number be on the package. This is a very big issue for us, because to purchase these labels with UN Numbers already in the label for each of the thousands of UN products that we sell, the cost of these labels would end up costing more than the product itself. Because of the compatibility issues, we will need to continue to ship as limited quantities. All of our material is packaged according to DOT regulations. When these products are run in production, if they are classified as a limited quantity by DOT, then no hazard spec packages, but have no hazard label on them. Our bill of ladings that are computer label is put on the box. Therefore these packages are in stock already packaged in UN generated show "limited quantity" in the description line. These same products are is also used as limited quantity for IMDG pulled for International orders, and generally anything used as limited quantity for DOT The DOT states in 172.315 that "a package containing a limited quantity of hazardous materials in not required to be marked with the proper shipping name provided it is marked with the identification (ID) number, preceded by the letters "UN" or "NA", as meet one or the other requirement in order to comply with the DOT regulations. I need applicable." In my interpretation, this reads as an "either-or" situation, you've got to to know if the intent of the IMDG was to actually have an "either-or" requirement also. All we hear about is how everyone is trying to be on the same page when it comes to DOT, IMDG & IATA regulations, and this would be one of those times that I hope everyone is on the same page. Looking forward to your interpretation of this IMDG regulation. Thank you, Conne Barin#

Page 4tyco P.O. Box 800 Mallinckrodt Baker, Inc. • Specialty Paris, KY 40362-0800 Products Tele: 859 987-7000 Mallinckrodt Baker Export Distribution Supervisor Connie Barron MÂLLINCKRODT BÅKER INC 7001 Bypass Road Paris, Ky 40361 TEL: 859-987-9444 FAX: 859-987-8676 CC: United States Coast Guard 2100 Second Street SW Hazardous Materials Standards Div (G-MSO-3) Washington, DC 20593-0001#

Page 53 Chapter 3.4 Limited quantities 3.4.1 General quantities. The applicable inner packaging quantity limit for the inner packaging or article is specified for each The provisions of this chapter concern the transport of dangerous goods of certain classes packed in limited indicated in column 7 of the Dangerous Goods List in chapter 3.2 for each entry not permitted to be substance in column 7 of the Dangerous Goods List in chapter 3.2. In addition, the word "None" has been transported in accordance with this chapter. The full provisions of this Code apply equally to limited quantities except as provided elsewhere in this chapter. 3.4.2 Packing 3.4.2.1 Dangerous goods transported according to these ackagings placed in suitable outer packaging. The packagings shall meet the provisions of 4.1.1.1, 4.1.1. pecial provisions shall be packaged only in inne and 4.1.1.4 to 4.1.1.8 and be so designed that they meet the construction provisions of 6.1.4. The total gross mass of a package shall not exceed 30 kg. 3.4.2.2 Shrink- or stretch-wrapped trays meeting the conditions of 4.1.1.1, 4.1.1.2 and 4.1.1.4 to 4.1.1.8 are accordance with these special provisions, except that inner packagings that are liable to break or be easily acceptable as outer packagings for articles or inner packagings containing dangerous goods transported ir transported in such packagings. The total gross mass of a package shall not exceed 20 kg. punctured, such as those made of glass, porcelain, stoneware or certain plastics materials, etc., shall not be 3.4.3 Stowage Notwithstanding the stowage provisions indicated in the Dangerous Goods List, dangerous goods transported under the provisions of this chapter are allocated stowage category A. 3.4.4 Segregation 3.4.4.1 segregation provisions of chapter 7.2 are taken into account and the goods will not interact dangerously in the Different dangerous goods in limited quantities may be packaged in the same outer packaging, provided the event of leakage. 3.4.4.2 limited quantities or in relation to other dangerous goods. The segregation provisions of chapter 7.2 are not applicable for packagings containing dangerous goods in 3.4.5 Marking and labelling 3.4.5.1 Packages of dangerous goods transported in accordance with the special provisions of this chapter: .1 need not if labelled nor bear the marine pollutant mark: 2 need not be marked with the Proper Shipping Name of the contents, but shall be marked with the UN forming the diamond shall be at least 2mm; the number shall be at least 6mm high. Where more than one Number of the contents (preceded by the letters "UN") placed within a diamond. The width of the line substance assigned to different UN Numbers are included in the package, the diamond shall be large enough to include each relevant UN Number. 3.4.5.2 shall, however, be suitably marked on the exterior as "LIMITED QUANTITIES" or "LTD QTY" not less than Cargo transport units containing dangerous goods in only limited quantities need not be placarded. They 65mm high in accordance with 5.3.2.4. IMDG CODE (Amdt. 31-02) 193#

Page 6WAIS Document Retrieval Page 1 of 1 [Code of Federal Regulations] • [Revised as of October 1, 2003] [Title 49, Volume 21 From the U.s. Government Printing Office via [CITE: 49CFR172.315] GPO Access [Page 349] TITLE 49--TRANSPORTATION CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF TRANSPORTATION Subpart D Marking Sec. 172.315 Packages containing limited quantities. containing a limited quantity of hazardous materials Except as otherwise provided in this subchapter, a package is not required to beentifid with the proper shipping dame provided it 15 marked with the applicable, for the entry as identification (ID) number, preceded by the letters aced within the top too de he sedan a tee following: 1ze relative to the package as to be readily visible. The width of lin‹ (a) The ID number marking must be durable, legible and of such a ID number must be at least 6 mm. The marking must be applied on at least forming the square-on-point must be at least 2 mm and the heiaht of the one side or one end of the outer paçkaging. are contained in the package, the packaging must be marked with either (b) When two or more hazardous materials with different ID numbers individual square-on-points bearing a single ID number, or a single square-on-point large enough to include each applicable ID number. [68 FR 45030, July 31, 2003] http://frwebgate5.access.gpo.gov/cgi-bin/waisgate.cgj?WAISdocID=732740131347+4+0+0&WA... 3/19/2004#

Page 7MALLINCKRODT BAKER, INC. 10-05-46-02-R-02 7001 BYPASS ROAD PARIS, KY. 40362 F A L F NEH DOT- ANTIMONY COMPOUND: INORGANIL+ UN1545 SOLID, N. O. S. (ANTIMONY TRIOXIDE) Eh5 *6. 1-04 POP: P HD CLASS-6. 1 (TOXIC MATERIAL) thi copy Ок LABEL- 6. 1TOX PKG GRP- I I I PACKAGE - 49 UPS: N JTB PRODUCT- 0886-04 1255 ANTIMONY TRIOXIDE PUD LOT#X3559 LABEL 1 UNIT JT08B6-4 A779- SDO*349809 YOUR P.D. # 20919238 P.D. LINE+ P. O. RLSE# MBI ORDER# 54325-72 0001 HIBC PRIMARY- +H4790886042 CUSTOMER# 067873 5513-10301-0019 SHIP INSTR: HIBC SECONDARY- +$X35591K SHIP TO: FMC-FOOD PROCESSING DIV MANUEL MEKHJIAN 2300 INDUSTRIAL AVE PD BOX A OVNT ASSEMBLYZ BILL OF 8.328 839 551308 LADING # MADERA 93639 CA MALLINCKRODT BAKER, INC. 7001 BYPASS RUAD 10-07-68-01-L-01 PARIS, KY. 40362 F A L F HE Do- CHEMICALS, N. O.5. (NON-REGULATED) EMS $ N/A POP: X HD CLASS-NON-REGULATED STB LABEL - PKG GRP- PACKAGE- UPS: Y PRODUCT- 7087-06 1EX OCTYL CCE) SPE COLUMN LOT#Y03557 1 UNIT JT70B7-6 YOUR P. O. # 7100195670/16 P.O. LINE* P. 0. RLSE$ 2MBI ORDER# 54325-70 0001 HIBC PRIMARY- +H4797087062 CUSTOMER# 067858 SHIP INSTR: 5513-10B01-0003 HIBC SECONDARY- +$Y03557M SHIP TO: WAR LEDERLE LABS Fong, M DROP POINT BLDE 230 x4614 OUNT 079 ASSEMBLYS BILL OF 401 MIDDLETOWN RD 230-1110 839 551302 LADING $ 10965 PEARL RIVER NY#