Rohm and Haas Company — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials safety NOV 28 2006 Ms. Carrie Wayne NAR Logistics Safety Manager Ref. No. 06-0224 Rohm and Haas Company 100 Independence Mall West Philadelphia, Pennsylvania 19106 Dear Ms. Wayne: This responds to your October 6, 2006 letter requesting clarification on marking requirements under § 172.313(b) of the Hazardous Materials Regulations (HMR; 49 CFR used to transport Division 6.1 materials with the word "Toxic" instead of "Poison" Parts 171-180). Specifically, you ask if it is permissible to mark a non-bulk packaging The HMR permit the use of either the word "Poison" or "Toxic" on shipping papers (see § 172.203) and labels (see § 172.430). Moreover, the HMR permit the word "toxic" to be used interchangeably with the words "poison" or "poisonous" in shipping descriptions and proper shipping names (see § 172.101(c)(3)). It was our intention to permit the same "Poison" when marking an outer packaging used for Division 6.1 materials. flexibility for package markings. Therefore, you may use the word "Toxic" instead of I hope this answers your inquiry. Sincerely. • Office of Hazardous Materials Standards 172.10303 12.313b 060224#

Page 2Boothe §172.203 §172.313(6) October 6, 2006 M6-0224 Ms. Susan Gorsky Via email:susan.gorsky@dot.gov - Regulations Officer U.S. Department of Transportation Pipeline and Hazardous Materials Administration Office of Hazardous Materials Standards PHH-10 400 7th St., S.W. Washington, DC 20590-0001 Dear Ms. Gorsky, The U. S. Department of Transportation's Hazardous Materials Regulations allow the substitution of the word "toxic" for the word "poison" when preparing shipping papers (172.203) and on labels (172.430). The regulations do not, however, specify whether this practice is acceptable when marking a non- bulk plastic outer packaging used as either single or composite packaging to transport Division 6.1 materials with the word "poison" as required in Section 172.313 (b). This requirement appears to be specific to Title 49 CFR, with no other international regulations having any similar requirement. Given that the international community recognizes the word toxic to mean poison, and the fact that many packagings are manufactured, tested, and marked outside the U.S. for shipment to the U. S., would the Administration view this substitution as being made in accordance with the regulations, or must the word "poison" be used when marking these packagings? Thank you for taking the time to consider my question. If you have any questions or require clarification, please feel free to call me at 215-592-3434. Best Regards, Carrie Wayne NAR Logistics Safety Manager Rohm and Haas Company 100 Independence Mall West Philadelphia, PA 19106#