Akzo Nobel Chemicals Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety n/ 22 2005 Mr. Mark A. Connolly Ref. No.: 05-0282 Manager Transportation Regulations and Security Akzo Nobel Chemicals Inc 300 South Riverside Plaza Chicago, IL 60606-6697 Dear Mr. Connolly: This is in response to your October 19, 2005 letter regarding entry of the subsidiary hazard class or division on shipping papers under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: Q1. Under § 172.202(a), the subsidiary hazard class or division must be entered in parentheses immediately following the primary hazard class on shipping papers. in Column 6 of the § 172.101 Table? Does this requirement only apply to subsidiary hazard classes when specifically noted Al. No. If it is specifically determined that a material meets the defining criteria for a subsidiary hazard that is not shown in Column 6 of the § 172.101 Table for that material, the material must be identified on the shipping paper as having that subsidiary hazard class in accordance with § 172.202(a). Q2. Is the notation "(1)" as the subsidiary hazard entry on a shipping paper acceptable for a material identified in Column 6 of the § 172.101 Table as having an explosive subsidiary hazard? A2. Yes. A material identified in Column 6 of the § 172.101 Table as Caving an explosive subsidiary hazard is not assigned to a specific division or compatibility group. Therefore, the number "1" placed in parentheses is the appropriate subsidiary hazard class entry on the shipping paper. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely Hatte z. Mthell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 172-202 (a) 3) 050282#

Page 2Pollack 8172.202 6) 2) AKZO NOBEL Shipping Papers 05-0282 October 19, 2005 Mr. John Gale, papers per HM-215G and 49CFR 172. 202 (a) (2). A few items have arisen since we started inserting the subsidiary hazard notation on shipping number(s) must be entered in parenthesis immediately following the primary hazard class or "...Except for combustible liquids, the subsidiary hazard class(es) or subsidiary division division number." [49CFR 172.202(a) (2)] subsidiary hazard class(es) to only column 6 of the 49CFR172.101 Hazardous Materials table. A It is my understanding that the above noted requirement does not restrict the source of the tew additional sources of subsidiary hazard class information are: • 49CFR 173.225(b) (Organic Peroxides table) notes - for organic peroxides. • 49CFR172.402 (Additional labeling requirements); and also Do you concur with the above noted understanding? -or certain organic peroxides (type B UN3101, UN3102, UN3111, or UN3112) column 6 of thi Subsidiary hazard class notation on Shipping Paper Description for type B Organic Peroxide 172.102 HMT specifies a unique subsidiary label code of "1". 49CFR 172.101 (g) explains the "1" label code and label name as "explosive". 172.400(b)). Unfortunately, there is no such hazard class "1" noted elsewhere in 49CFR (i.e. 172.402 or When inserting the subsidiary hazard within the shipping description for these four types of organic peroxides, is the "1" acceptable? An example is shown below: ORGANIC PEROXIDE TYPE B LIQUID, (technical name), 5.2, 1, UN3101, II Regards, Your assistance in this matter is appreciated Mord df comme Mark A. Connolly Manager Transportation Regulations and Security Akzo Nobel Chemicals Telephone:312.544.7177 Facsimile: 312.544.7087 Email:mark.connolly@akzonobel.com#