Titan Specialties LTD — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E. Washington, D.C. 20590 Ms. Shelley Espinoza Compliance Officer - Dangerous Goods Titan Specialties LTD 143 HCR 4361 Milford, TX 76670 Ref. No.: 09-0026 Dear Ms. Espinoza: This responds to your letter concerning marking requirements prescribed in the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180) for packages containing Class 1 materials. Specifically, you ask if a package may be marked with more than one EX number if it contains only one of the Class 1 materials assigned an EX number in accordance with $172.320. You provide the following scenario: A company has numerous similar Class 1 materials approved by DOT; each is assigned a specific EX number that has the same classification (i.e., UN number, proper shipping name and division compatibility group). Each will always be the only Class 1 material in the packaging, but all are packaged in the same manner, utilizing the same inner and outer packagings. For economies of scale, it is preferable to stock one outer packaging that is pre- printed with all of the EX numbers of the products that could be contained in the packaging, as well as the other required markings and labeling. The answer is no. In accordance with $ 172.320, no person may offer a package for transportation that is marked to indicate that the material contained in the package is hazardous unless the package contains the identified material or its residue. Thus, each package containing a Class 1 material must be marked with the EX number for each substance, article, or device contained in the package. The package may not be marked with EX numbers for materials that it does not actually contain. If your company is using a package that is pre-printed with several EX numbers, the EX numbers that do not apply to the Class 1 material in the package must be covered or obliterated prior to shipment. However, when more than five different Class 1 materials are packed in the same package, the package may be marked with only five of the EX-numbers, national stock numbers, product codes, or combination thereof.#

Page 2If the shipping paper shows the EX number, product code or national stock number of each explosive item described under a proper shipping description in association with the shipping description as required by 172.202(a), the EX-number is not required to be marked on the package (see 8 172.320(d)). This exception applies to all explosives. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Charles E. Betts Chief, Standards Development Office of Hazardous Materials Standards#

Page 3January 8,2009 Mr. Edward Mauullo Office of Hazardous Materials Standards, PHH-10 Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE East Building Washington, DC 20590-0001 Dear Mr. Mauullo, This is a darification request concerning the provision in 49 CFR 172.320(a) that each package containing a Class 1 material must be marked with the EX-number for each substance, article or device contained therein. Is it allowable for the package to marked with numerous EX-numbers of Class 1 materials when the product covered by only one of the EX-numbers is in the packaging? For example, a company has numerous similar Class 1 materials approved by DOT, each assigned a specific EX-number, that have the same classification (i.e., UN number, proper shipping name and divisionlcompatibility group). Each will always be the only Class 1 material in the packaging, but all are packaged in the same manner, utilizing the same inner and outer packagings. For economy of scale, it is preferable to stock one outer packaging that is pre-printed with all of the EX-numbers of the products that could be contained in the packaging, as well as the other required marks and labels. Your response to this question is appreciated; please advise if additional information is necessary. Regards, Shelley Espinoza Compliance Oficer - Dangerous Goods 143 HCR 4361 Milford, Texas 76670 Tel817.205.1183 Fax 806.661.3819#