Reagent Chemical & Research, Inc. — Hazardous Materials Safety Interpretation

Page 1J.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W ipeline and Hazardou laterials Safety Administratio JAN 10 2007 Mr. Robert Dritschel Site Manager Ref. No.: 06-0245 124 River Road Reagent Chemical & Research, Inc Middlesex, NJ 08846 Dear Mr. Dritschel: This is in response to your letters of October 23 and 26, 2006, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, ycu ask whether a flexible intermediate bulk container (FIBC) detailed in your letter and attached photographs is properly labeled and placarded. Based on information contained in your letter and photographs, your FIBCs qualify for the exception in § 172.514(c)(4) and are not subject to the duplicate labeling requirements in § 172.406(e). Section 172.514(c)(4) provides an exception from placarding requirements for IBCs provided they are labeled in accordance with Subpart E of Part 172. Furthernore, § 172.406(e) specifies instances in which duplicate labeling is required by the HMR. However, you should also be aware of the label specification requirements contained in § 172.407 concerning the appropriate size and design of labels. In addition, while you appear to be in compliance with the labeling and placarding requirements requirements in determining full compliance with the HMR. Please be aware that the UN (or detailed in your letter and photographs, it is important to note that these are not the only NA) number must be displayed on a bulk packaging in accordance with the marking requirements in §§ 172.302 and 172.332 through the use of an orange panel or a white square- on-point configuration. I hope this satisfies your request. Senior Transportation Specialist Office of Hazardous Materials Standards 172.406(e) 172514 04) 172,302 060245 172•332#

Page 2REAGENT® Reagent Chemical & Research, Inc. 124 RIVER ROAD • MIDDLESEX, NEW JERSEY 08846 CHEMICAL OFFICE: (732) 469-0101 • FAX: (732) 469-1074 BAH October 23, 2006 $112.504 (f) (9) $172.560 Mr. Edward T. Mazzullo $172.446 Director, Office of Hazardous Materials Standards 700 7* Street SW US DOT/PHMSA (PHH-10) Labeling Placarding 06-0245 Washington, DC 20590-0001 Dear Edward, Hazardous Material regulations where the shipment is a bulk container of powdered I am writing this letter to you in order to request assistance in the application of the sulfur. The material in question, powdered sulfur, is not formed to any specific shape and will be ransported in bulk either 1875 pounds or 2000 pounds, based upon customer requirements. package. Upon reading the Federal Regulations, hazardous material placarding and My request for assistance deals with the labeling and placarding requirements of this labeling are required. The placard to be offered to the transportation partner and affixed to the trailer imprinted identification number of 1350. The label to be affixed to each supersack, transporting this material, (Placard Attached, Attachment 2), is a Class 9 placard with the (Attached, Attachment 3), has the Class 9 label above the proper shipping name and the the label shall be affixed to the front side by use of a document holder, instead of being identification number. Due to the irregular surface of the packaging, the filled supersack. imprinted on the packaging. "Are all of the requirements of the Hazardous Material Transportation Regulations being Upon reviewing the narrative above and the enclosed attachments, my question to you is properly applied in this case?' I would appreciate your comments and official review of Thank you for your assistance, bust Ditt sober Dritschel Reagent Chemical & Research, Inc. Registered to ISO 9001 File # A6831#

Page 3ATTACHMENIS PALLET # Net Wt: 1875 Ibs Lot #B461023 Code # VS667 CAS # 7704-34-9 SULFUR Fort Wayne, IN MICHELIN AMERICAS SULFUR NA 1350#

Page 4ATTACHMENT 1 MULDN/ 1000/ 000 AM272A1203/MEN NA 1350 SULFUR : 13. 2006 08:15#

Page 5REAGENT® Reagent Chemical & Research, Inc. BAH 124 RIVER ROAD • MIDDLESEX, NEW JERSEY 08846 $172.504 (f) (9) CHEMICAL OFFICE: (732) 469-0101 • FAX: (732) 469-1074 8172.560 October 26, 2006 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards 400 7* Street SW US DOT/PHMSA (PHH-10) Washington, DC 20590-0001 Dear Edward, Hazardous Material regulations where the shipment is a bulk container of powdered I am writing this letter to you in order to request assistance in the application of the sulfur. The material in question, powdered sulfur - NA 1350, is not formed to any specific shape nd will be transported in bulk packaging exceeding 880 pounds. The packaging is oven polypropylene supersack, an FIBC with a volume of 52 cu.ft.. (Picture Attacher which would carry either 1875 pounds or 2000 pounds, based upon customer requirements. My request for interpretation is the requirement of labeling for this type of packaging for Upon reviewing the picture enclosed and the request for assistance, I would appreciate your comments and official review of this request for compliance. Thank you for your assistance, Robert Dritsch Site Manager Reagent Chemical & Research, Inc. Registered to ISO 9001 File # A6831#

Page 610.13.2006 08:18 100. A 26308 NA 1350 SULFUR 15 08: 2008 M1.0X/ 1010171000 13H2/7/1213/76#