Manager, Technical Services - Aerosol — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Manatoreta sary MAY 3 0 2006 Mr. Matthew D. Kuehn Manager, Technical Services - Aerosol Ref. No. 06-0118 BWAY Corporation 3400 North Powell Avenue Franklin Park, IL 60131 Dear Mr. Kuehn: This is in response to your May 8, 2006 letter requesting clarification regarding the the marking of cylinders. Your scenario is based on the marking of specification 2P and applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to company name "Bway." 2Q aerosol containers. Specifically, you ask if these containers may be marked with your The answer is yes. Sections 178.33-9(a)(2) and 178.33a-9(a)(2) for specification 2P and 2Q aerosol containers, respectively, state that either the name or symbol of the 2P and 2Q containers with "Bway" to comply with §§ 178.33-9(a)(2) and 178.33a-9(a)(2). manufacturer must be marked on the container. Therefore, it is acceptable to mark your I hope this information is helpful. Sincerely, Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 178-33-9 (a)(2) 173.33a-9 (a)(z) 060118#

Page 2Saterthwaite 8178.33-912 B'way Corporation §178:33.9-9 (z) Marking Aerosol Technical Services • 3400 North Powell Avenue • Franklin Park, Illinois 60131 • (847) 288 7128 • Fax (847) 288 7110 06-0118 May 8, 2006 400 7* Street SW U.S. Department of Transportation Washington, DC 20590 ATTN: PHH-10 Dear Sir or Madam; I am seeking your interpretation regarding the marking requirements for specification 2P and 2Q aerosol containers in CFR 49 section 178.33-9(2) and 178.33a-9(2). We are a manufacturer of these containers. The regulation states that the marking must show the name or symbol of the person making the mark. I understand that current DOT policy does not provide for new applications for a manufacturer to register a symbol, instead the use of an "M-number" is advised. My question pertains to the othe rovision in the regulation, that the marking show the "name" of the person making the mark Based on my interpretation of the regulation, my company could therefore apply a marking to show this interpretation; or if we must use an M-number to mark our specification 2P and 2Q containers. our company name "Bway" as an acceptable means of identification. Please advise if you agree with like to discuss this further. I can be reached at (847) 288 7128. Thank you kindly for your assistance. Please contact me directly at your convenience if you would Sincerely, Mother tah Matthew D. Kuehn Manager, Technical Services - Aerosol A Team Committed to Quality and Service#