Safety & Compliance Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and OCT 13 2004 Special Programs Administration Mike Lopez, JD Ref. No. 04-0188 Safety & Compliance Associates, Inc. P.O. Box 48 Trussville, AL 35173 Dear Mr. Lopez: This is in response to your July 19, 2004 letter concerning the shipping paper requirements of the Hazardous Materials paraphrased and answered Regulations (HMR; 49 CFR Parts 171-180). Your questions are as follows: Q1: does not include parentheses around the subsidiary hazard Despite the example provided in § 172.202 (a) (2) (iii), which class or division number, must the subsidiary hazard class or division number appear in parentheses on the shipping paper? A1: Except for combustible liquids, the subsidiary hazard classes) or subsidiary division number (s) must be entered in parentheses immediately following the primary hazard class or division number. The examples in § 172.202 (a) (2) (iii) should be corrected by placing parentheses around the subsidiary class(es) and division number (s). This error will be addressed in a future rulemaking. Q2: Does the shipper have the option of using the subsidiary hazard class or division number (e.g., (5) or (5.1) for an oxidizer) on a shipping paper? A2: No. division number as appropriate for the material being The shipper must use the subsidiary hazard class or shipped (e.g., the subsidiary hazard for an oxidizer must appear as 172.202 (a) (2) 040188#

Page 2hazards on shipping papers was authorized by Docket HM-215E (68 Voluntary compliance with the requirement to enter subsidiary FR 44992) as of July 31, 2003. However, the mandatory compliance Sincerely Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Safety & Compliance Associates, Inc. P.O. Box 48, Trussville, AL 35173 Phone: 205-853-9874 Fax: 205-853-2067 BAH $172.20210)(2) July 19, 2004 Mr. Ed Mazzullo Shipping Papers U.S. Department of Transportation Director, Office of Hazardous Materials Standards 04-0188 Washington, D.C. 20590 400 Seventh Street, SW Dear Mr. Mazzullo, This is in regard to an apparent inconsistency in the Hazardous Materials Regulations. 49 CFR, §172.202 (a)(2) states: The hazard class or division number prescribed for the material, as shown in Column (3) of the Sec. 172.202 Table. Except for combustible liquids, the subsidiary hazard classes) or subsidiary division numbers) must be entered in parentheses immediately following the primary hazard class or division number. However, the example in §172.202 (a)(2)(iii) does not list the subsidiary classes or division numbers in parentheses, as follows: For domestic shipments, primary and subsidiary hazard class or division names may be entered following the numerical hazard class or division or following the basic description. For example, ''Oxygen, compressed, 2.2 (non-flammable, non-poisonous compressed gas), 5.1 (oxidizer), UN1072," or "Oxygen, compressed, 2.2, 5.1, UN1072, (non-flammable, non-poisonous compressed gas) (oxidizer)"; Will you please clarify whether subsidiary classes or division numbers must be entered in parentheses. In addition, $172.202 (a)(2) gives an option as to whether class or division numbers must be (5), UN1072" omitting the division number for "oxidizer?" listed. Accordingly, is it your intent that oxygen may be listed as, "oxygen, compressed, 2.2, Sincerely. vologis Mike Lopez, JD Safety & Compliance Associates, Inc.#