Rhodia, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh St., S.W. of Transportation Washington, D.C. 20590 Special Programs Research and Administration OCT 15 2004 Ms. Donna Edminster Ref. No.: 04-0224 Regulatory Consultant Rhodia, Inc. CN 7500 Cranbury, NJ 08512 Dear Ms. Edminster: This is in response to your September 28, 2004 letter requesting clarification regarding the prohibited labeling requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the logo displayed on the submitted product label would be in violation of the prohibited labeling requirements specified in § 172.401(b). In accordance with § 172.401(b), a package containing hazardous materials may not bear any marking or label that by its color, design, or shape could be confused with or conflict with a label prescribed by the HMR. It is this office's opinion that the size, design and shape of the logo you submitted would not conflict or be confused with the labels prescribed by the HMR. Therefore, the submitted logo is not prohibited under the provisions of § 172.401(b). I hope this information is helpful. Please contact us if you require additional assistance. Sincerely Hotte Hattie Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 172.401 (6) 040224#

Page 209/28/2004 TUE 08:37 FAX 609 409 0176 RHODIA#L, R&ER SERVICES Ø002 - Innophos 259 Prospect Plains Road • Building G Innophos, inc. Satterthwarte P.O. Box 8000 • Cranbury, NJ 08512-8000 $172.401(6) September 28, 2004 Labeling Mr. Edward T. Mazzullo 04-0224 Director, Office of Hazardous Materials Standards 400 7th Street S.W. U.S. DOT/RSPA (DHM-10) Washington, D.C. 20590-0001 Subject: Request for Interpretation regarding use of product logo Dear Mr. Mazzullo: I am requesting a written determination regarding whether a new product logo developed for a major label or whether it constitutes a conflict with 49 CFR 172.401(b). product line of corrosive materials manufactured by Innophos, Inc. is acceptable for use on the product location as to where it would appear on the label for your review. I am attaching a mock-up of a product label displaying the logo, including the anticipated size and I would appreciate, if possible, that in addition to a written determination you could call me with a verbal information I have provided is not sufficient for your needs, please feel free to contact me at the response when your determination is made. Should you have any further questions, or if the numbers shown below. Respectfully submitted, Dana Edien pter. Donna Edminster Tel: 609-860-4085 Regulatory Consultant for Innophos, Inc. Email: donria.edminster@us.rhodia.com Fax: 609-409-0176 ......#