C.L. Smith Company — Hazardous Materials Safety Interpretation

Page 1.S. Departmen f Transporta iol 400 Seventh St., S.W: Washington, D.C. 20590 Research and special Programs Administration NOV - 9 2004 Mr. Lonnie Jaycox Ref. No.: 04-0252 C.L. Smith Company 1311 South 39th Street St. Louis, MO 63110-2535 Dear Mr. Jaycox: prohibitive marking under the Hazardous Materials Regulations This is in response to your November 3, 2004 letter concerning (HMR; 49 CFR Parts 171-180) . Specifically you ask if the logo depicted below is prohibited under the provisions of § 172.312 (b) . TRANSIT TESTED INTERNATIONAL SAFE TRANSIT ASSOCIATION MAMMINIM INTER MINOR 1481 The answer is no. Section 172.312 (b) prohibits the use of arrows for purposes other than indicating proper package rientation on packages containing liquid hazardous materials t is our opinion that the "Transit Tested" logo depicted i sufficiently distinct from any orientation marking referenced by the HMR. I hope tinis information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Hatle z Michelo Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 172-303 172.312 (5) 040252#

Page 2follack „Page 1 ot 1 3 2 16. INFOCNTR From: lonnie jaycox [ljaycox@clsmith.com] 14-2252 Sent: Wednesday, November 03, 2004 3:29 PM To: INFOCNTR Subject: C.L. Smith Cert Mark.pdf Attached is the ar work provided to us by ISTA for use in marking cartons that comply with a test protocol used for the parcel environment: My question is this: Is the display of this logo on a 4G carton a violation of 49 CFR 172.312(b)? This logo is 2"x3" on the carton. Lonnie Jaycox CL Smith Co. St. Louis, MO 63110 1311 South 39th Street ljaycox@clsmith.com 314-771-1202, ext: 267 11/4/2004#

Page 3TRANSIT TESTED INTERNATIONAL SAFE TRANSIT ASSOCIATION MANUFACTURER'S LICENSE NUMBER: 1481 The manufacturer certifies that this PACKAGED-PRODUCT has passed preshipment testing requirements established by ISTA.#