Allied Universal Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration FEB 2 5 2008 1200 New Jersey Avenue, SE Washington, D.G. 20590 Mr. Robin J. Eddy Bolte Safety and Regulatory Affairs Manager Allied Universal Corporation 3901 NW 115 Avenue Miami, FL 33 178 Ref. No. 08-0037 Dear Mr. Bolte: This is in response to your February 7,2008 letter requesting a clarification of the Hazardous Materials Regulations (HMR; 49 CFR 17 1 - 1 80) applicable to the marking requirements for bulk packagings transporting marine pollutants by highway. In your letter, you present the following scenario: An open highway vehicle is transporting multi-unit tank car tanks, each containing 2,000 pounds of chlorine (Chlorine, 2.3, UN-1017, Poison -Inhalation Hazard Zone B). Each tank is marked with the proper shipping name, identification number, wording "inhalation hazard," and the letters " R Q on two opposing sides. The tanks are also labeled on two opposing ends with the Hazard Division 2.3 and Class 8 labels. The vehicle itself displays the Hazard Division 2.3 placard on all four sides of the vehicle, with the identification number "1 01 7" displayed on each placard. You ask whether a "Marine Pollutant" mark or label is required on two opposing sides of the bulk container when transported by a highway vehicle. The answer is no. As provided under 5 172.322(d)(3), except for transportation by vessel, the "Marine Pollutant" mark is not required on a bulk packaging, freight container or transport vehicle that bears a label or placard specified in Subpart E (Labeling) or Subpart F (Placarding) of Part 172. You also ask whether the wording "Marine Pollutant" is required on the shipping paper as part of the hazardous material description for the bulk chlorine containers when transported by a highway vehicle.#

Page 2The answer is yes. As required under 5 172.203, the words "Marine Pollutant" must be entered in association with the basic description for a material which is a marine pollutant. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, ards Development ( Office of Hazardous ater rials Standards#

Page 33901 NW 115 Avenue Miami, Florida 33 178 Dd -0037 305-885-4671 fax Established I954 February 7, 2008 Mr. Edward Mauullo Director of Hazardous Materials Standards Development Office of Hazardous Materials Standards Development Pipeline and Hazardous Material Safety Administration, PHH-10 US Department of Transportation 1200 New Jersey Avenue SE, East Building Second Floor Washington, D.C. 20590 VIA FASCIMILE: 202-366-3012 Re: Georgia Citation Dear Mr. Mauullo: Upon my return from a leave of absence, I began to review citations we received during my absence. Please find attached a citation I came across issued by the State of Georgia. Backsround Transportation Services Unlimited Inc. is a private transportation company hauling exclusively for Allied Universal Corporation. On the date of September 12, 2007, one of the highway units transporting bulk containers (a multi-unit tank car tank) of Chlorine Gas (Chlorine, 2,3, UN1017, Poison-Inhalation Hazard Zone B) underwent a roadside inspection conducted by the Georgia Department of Motor Vehicles. During the inspection, four violations were found. The citation is enclosed. We are confused with the violation listed for 49 CFR 172.322(b). Per our reading of the regulations as well as a subsequent phone conversation with your Hazardous Material Information Center, we believe the marine pollutant mark is not required for our chlorine multi-unit tank car tanks under 49 CFR 172.322(d)(3), when transported by highway vehicles. Question An open highway vehicle is moving multi-unit tank car tanks containing 2,000 pounds each of chlorine (hazard class 2.3, UN1017). Each tank is marked with the proper shipping name, identification number, wording inhalation hazard and letters RQ on two opposing sides. The tanks are also labeled on two opposing ends with the hazard class 2.3 and 8 label. The vehicle itself displays the hazard class 2.3 placard on all four sides of the vehicle with the identification number 1017 displayed in each placard. Our questions: 1) Is the marine pollutant mark or label required on two opposing sides of the bulk container when transported by a highway vehicle? 2) Is the wording marine pollutant required on the shippiug paper as part of the hazardous material description for the bulk chlorine containers when transported by a highway vehicle?#

Page 4Fe6ntat-y 7, 2008 Page 2, Marille Pollrtlnnt dllierl Lh~iversnl Corporalion Given this matter involves a citation from a State Law Enforcement Officer, your timely written response to our question would be greatly appreciated. If you should have any questions, please call me at 305-888-2623, extension 183 or RobinE@Allieduniversal.com. Thank you. and Regulatory Affairs Manager ~ l l i e d universal corporation#

Page 5Georgla Department of Public satety Motor Carrier Safety Assistance Program P.O. Box 1456 "1 i f,? (4 ,x, $, . U n l V C N V C n l \ r L f z C M m I n n I IVIV nL;run I Report Number: GA0120000516 lnspectlon Date: 0911 212007 Atlanta, GA 30371 -1 456 Start Tlrne: 08:39 AM End Time: 10:41 AM t Phone: (404) 624-721 1 Insp. Level: 2-Walk-Around, Bulk HM Insp. TRANSPORTATION SERVICES UNLIMITED INC Driver: ALLEN, JACOB 3901 NW 1 15TH AVE License#: 481 921 497 State: GA MIAMI, FL 33178 Date of Birth: 0610911 973 USDOT* 00781 51 7 Phone#: (305)888-2623 CoDrlver: MCIMX#: 3 16059 Fax#: License#: State: State#: Date of Birth: Locatlon: MCBEAN MilePost: 3 Shlpper: ALLIED UNIVERSAL CORPORATION Highway: SR-56 SOUTH Orlgln: MIAMI, FL Blll of Ladlng: 131235 County: RICHMOND, GA Destlnatlon:AUGUSTA, GA Cargo: X. HAZ. MATL. (BULK) 1 VEHICLE IDENTIFICATION 1 UnJ Make Year State License # Com~anv # Vin# G W R CVSA# OOS# 1 TT STER 2002 FL F0203D 2512 2FWJA3BD82AKO4605 52,000 2 ST TRAN 1999 FL C9855A 4103 1 CD2L2Bl OXA006488 65,000 - . BRAKE ADJUSTMENTS No Brake Measurements Required For Level 2 VIOLATIONS Section Code T V D ~ Unit OOS Citation # Verifv Crash Violations Discovered 396.5(b) F I N N N Oil leak underneath hood compartment. 396.3(a)(l) F I N N N Audible airleak between axle 2 on tractor when service brakes are appHed. 179.300-1 8 F 2 N N N DOT1 0611 1Oaw stamping of tanks: Specification package marking DOT 106 not displayed on multi-unit tank car tank #3. 172.322@) F 2 N N N No marrine pollutant marking on shipping paper or bulk packaging. -- . - .- -.- .- --.-. . - - HazMat: 2.3 Zone B placard: Yes Cargo Tank: OTH special Checks: No Data for Special Checks. State Infonnatlon: Consignee: CORNER CENTRAL HIGHLAND; Commodity Description: UNlO17; For Hire?: Yes; Have CDL?: Yes; CDL Required?: Yes; DL Status Ckd? (Required): Yes; Cargo Inspected?: Yes; NOTE TO DRIVER: This report motor carrier whose name appears at the top of this report. Signature Of Repaimr X: Facility: sP Date: NOTE TO MOTOR CARRIERS: This certification MUST BE SIGNED by a Motor Carrier Official and RETURNED (if violations are shown) WITHIN 15 days to the address on the top of this report. Out-of-service (00s) defects must be corrected in accordance with the OOS notice, ALL NON-OOS VIOLATIONS MUST BE CORRECTED PRIOR TO THE NEXT DISPATCH. CERTIFICATION BY CARRIER OFFICIAL: The undersigned certifies knowledge of applicable State and Federal Motor Carrier Safety and Hazardous Material Rules. Regulations. Standards and Orders, and declares all operations will be conducted in compliance wiVl such requirements. The undersigned certifies that all violations noted on this report have been corrected and action taken to assure compliance with the Motor Carrier Safety and Hazardous Material Regulations insofar as they are applicable to motor carriers and drhrers. NOTICE: False Statements or Swearings are (OCGA 16-10-20). Signature Of Motor Carrier X: Tile: = tl I I CODV Received Bv: ' I I ~ ~ ~ l l l ~ GA012#