Allied Universal Corporation — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety JAN 2 5 2007 Ms. Robin J. Eddy Bolte Ref. No. 06-0213 3901 NW 115 Avenue Allied Universal Corporation Miami, FL 33178 Dear Ms. Bolte: This is in response to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the marking, labeling ard UN1017 and "Sulfur dioxide," 2.3, 8, UN1079 in 3A and 3AA cylinders and in multi-unit placarding requirements applicable to transportation by highway of "Chlorine," 2.3, 8 tank car motor vehicles. "Chlorine," UN1017 is poisonous by inhalation in Hazard Zone B, and "Sulfur dioxide," UN1079 is poisonous by inhalation in Hazard Zone C. You ask whether the scenarios presented below meet the requirements under the HMR, and whether the HMR requires the words "Inhalation Hazard" to be displayed on the package when it is displayed on the label. Your questions are paraphrased and answered below. Qla. Cylinders containing "Chlorine," 2.3, 8, UN1017, Hazard Zone B, are transported smaller than 4 inches on each side; the label includes the words "Inhalation by motor vehicle. The cylinder is affixed with a poison gas label or tag, no Hazard." The label or tag includes the proper shipping name and UN cylinders are affixed with a CORROSIVE label or tag to represent the subsidiary identification number and the name and address of the distributor. In addition, the hazard of the material. Does this scenario conform to HMR requirements? Ala. Yes. Provided the labels conform to Subpart E of Part 172, they may be displayed on the cylinders. In addition, under § 172.400a(a)(1)(ii), you may label when the words "Inhalation Hazard" appear on a label, the wording is rot the cylinders in accordance with CGA C-7, Appendix A. Note that required on the package (see § 172.313(a)). Q1b Cylinders containing "Chlorine," 2.3, 8, UN1017, Hazard Zone B are transported (hards. Ailed choses po display the identic and ached with ng SONIAS conform to the requirements in the HMR on the placards instead of the words "Inhalation Hazard." Does this scenaric Alb. If the words "Inhalation Hazard" do not appear on the placard, each chlorine at contains a poisonous material subiect to the poison inhalation hazard shippi linder must be marked with the words "Inhalation Hazard." A transport vehic 142.400 172. 313(E) 060213 172. SubpartF#

Page 2description in §172.203(m)(2) must be placarded with, in this case, the POISON GAS placard. A transport vehicle or freight container containing a material poisonous by inhalation in non-bulk packages must be marked, on each side and each end with the identification number as specified in § 172.332 or § 172.336, subject to the provisions and limitations specified in §172.313(c). 92a. A ton container (multi-unit tank car tank) containing "Chlorine," 2.3, 3, UN1017, Hazard Zone B, is transported by motor vehicle. The ton tank is affixed with a includes the words "Inhalation Hazard." The label or tag includes the name and POISON GAS label or tag, no smaller than 4 inches on each side; the label address of the distributor. The ton container is marked on two opposing sides with the proper shipping name, UN number, and the words "Poison In alation Hazard." The stenciled letters and numbers are 2 inches high. In addition, the ton container is affixed on both ends with a CORROSIVE label or tag to represent the requirements? subsidiary hazard of the material. Does this scenario conform to HMR. AZa. Yes. 02b. • For the ton containers described in Q2a, the motor vehicle is placarded on all four number is substituted for the words "inhalation hazard." Does this sce ario sides with POISON GAS placards. On each placard the UN identification conform to HMR requirements? A2b. Yes. Q3. Allied also ships sulfur dioxide in cylinders and multi-unit tank car tanks that are marked and labeled in the manner as described above for "Chlorine," except the ton container is dark green and the stenciled letters and numbers are white. Does this scenario conform to the HMR requirements? A3. See above responses. I hope this information is helpful. Please contact this office if you need further assistance. Sincerely, fatelle Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 309/18/2005 09:29 3058549712 ALLIED UNIVERSAL PAGE 02 MIntyre. $172,313 3901 NW 115 Avenu 3172.302 Miami, Florida 3317 305-888-2623 office $172.400 305-885-4671 fax ALLIED UNIVERSAL CORPORATION Established 1954 8172. 416 September 18, 2006 Markings + Labeling Mr. Edward Mazzullo 06-0213 Office of Hazardous Matertals Standards Development Director of Hazardous Materials Standards Development 400 Seventh Street, S.W Pipeline and Hazardous Material Safety Administration Washington, D.C. 20590-0001 VIA FASCIMILE: 202-366-3012 Re: Cylinder and Ton Marking/Labeling Requirements Dear Mr. Mazzullo: Recently, several of our transport vehicles, as well as the transport vehicles of several of our customers, have poison-inhalation hazard zone B, one-hundred and fifty pound DOT specification cylinders and one ton DOT undergone roadside inspections where the marking and labeling requirements for chlorine, hazard class 2.3 specification multi-unit tank car tanks, commonly referred to as a "ton container", has corne into question. It seers there is some confusion, depending upon the customer, the location and the inspecting officer. This understanding the marking and labeling requirements as set forth in 49 CFR Subpart D and E letter is requesting a written interpretation of the following questions to provide assistance to all in Questlons When transporting, via highway vehicles (note these cylinders are not permanently affixed, they are a UN1017, poison-inhalation hazard zone B, does the cylinder meet the requirements of 49 CFR shipped), a DOT specification cylinder loaded with chlorine, hazard class 2.3, The cylinder is affixed with a label or tag with a poison gas label, 49 CFR 172.416, no smaller label, 49 CFR 172.313(a). than four inches on each side. The words INHALATION HAZARD appear in the poison gas • The cylinder is affixed with a subsidiary hazard label or tag with a corrosive label, 49 CFR • The very same label or tag contains the proper shipping name (chlorine) and identification • The label or tag has the name and address of the distributor, in this case Allied Universal number (UN1017), 49 CFR 172.301(a). Corp., 3901 NW 115" Avenue, Miami, Florida 33178 • Motor vehicle transporting the cylinders is placard on all four sides with the poison gas placard, 49 CFR 172.540, on the identification number 1017 is substituted for the words permissive placarding rule and display the identification number at all times within a hazard Inhalation Hazard, 49 CFR 172.330(b) - in this decision, Allied chooses to invoke the class 2 poison ges plarard. The consistency keeps it easy for our vellicle drivers when determining which placard to display on the vehicle. 2) When transporting, via highway vehicles, a DOT specification multi-unit tank car tank, referred to as a cylinder meet the requirements of 49 CFR Subpart D and E if: "ton container", loaded with chlorine class 2.3, UN1017, poison-inhalation hazard zone B, does the#

Page 409/18/2006 09:29 3058549712 ALLIED UNIVERSAL PAGE 03 Page 2. Marking and Labeling for Cylinder/Ton Container September 18, 2006 Allied Universal Corporation • The very same label or tag contains the proper shipping name (chlorire) and identificatio number are not as instructed in 49 CFR 172.302(b)(3). lumber (UN1017), 49 CFR 172.302(a)(d), however the size requirements of the letters an The label or tag has the name and address of the distributor, in this case Allied Universal 49 CFR 172.330(a)(1)(2) and 302(b), two opposing sides of the ton container are stenciles Inhalation Hazard. The stencil letter and number size are 2.0 inches high. The background with the proper shipping name (chlorine), Identification number (UN1017) and words the ton container is silver and the stencll letters and numbers are black. NOTE: this is t label or tag for chlorine, UN1017 and Inhalation Hazard is not 2.0 inches high the ton ference between the cylinders and ton containers, since the letter and number size on ti • The ton container is affixed on both ends with a subsidiary hazard label or tag with a Motor vehicle transporting the ton container is placard on all four sides with the poison gas corrosive label, 49 CFR 172.442. Inhalation Hazard, 49 CFR 172.330(b). placard, 49 CFR 172.540, on the Identification number 1017 is substiluted for the words 3) Allied also ships sulfur dioxide in cylinders and multi-unit tank car tank requirements. Marking and labeling is identical to what has been described for chlorine, only obvlously the proper shipping name 's sulfur dioxide and the identification number is UN1079. The only other exception is the stenciling he background of the ton container is dark green and the stencil letters and number are in white Your promptness in spections of the tractor-trailers throughout the southeastern United States, especially in North Carolina responding to our questions is greatly appreclated given the frequent roadsid South Carolina, Tennessee and Mississippi. state agencies involved, a written interpretation or instructions are needed. Your hazardous material information hotline has been helpful, but given the number of other businesses and 183 or RobinE@Allieduniversal.com. If you should have any questions or further Information Is needed, please call me at 305-8i38-2623, extension Thank you. Sincerely, Regulatory Affairs Manager Rob n J. Eddy Bolte 390- NW 115'h Avenue Allied Universal Corporation 305-888-2623, ext. 183 Miami, Florida 33178 305-885-4671 (Fax) RobinE@Allleduniversal.com#