CYTEC Industries, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration DEC 1 5 2010 Mr. Andrew Bethmann CYTEC Industries, Inc. 131 Revco Road North Augusta, SC 29842 Ref. No. 10-0211 Dear Mr. Bethmann: This responds to your September 24, 2010 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification on whether the letters "UN" on a printed sticker applied to the side ofa 1 A 1 or 1 A2 drum (55 gallons) is acceptable in place ofthe UN symbol. The answer is no. As required by § 178.503(a), the pennanent marks described in § 1 78.503(a)(1 ) through (a)(6) and (a)(9)(i), must appear on the bottom ofthe packaging. In addition, for packages with a gross mass ofmore than 66 pounds, the marking on the bottom must also appear on the top or on a side ofthe packaging. Section 178.503( a)(l) allows the letters "UN" to be embossed on metal receptacles in place ofthe UN symbol as illustrated in § 178.503(d). Any additional replication of the required UN marking, including stickers used to comply with § 178.3(a)(5) must include the UN symbol, rather than the letters "UN." Marks on the side or top ofthe drum need not be pennanent and may appear as part of a complete marking. I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553. Sincerely, h5~ Ben Supko Acting Chief, Standards Development Standards and Rulemaking Division#

Page 2IYTEI: ~+h~ ~ 178·3 ~ '78. 6b3. CYTEC INDUSTRIES INC. Five Garret Mountain Plaza Mark lnj of PCic"'Clg 117ft West Paterson, NJ 07424 Tel. (973) 357-3100 IO-D211 Andrew Bethmann Logistics Site Lead Cytec Industries Inc. 131 Revco Road North Augusta, SC 29842 September 24, 2010 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Dear Mr. Mazzullo: This letter is an effort to obtain clarification on the requirements for UN packaging markings. We have a vendor who supplies us with both 1A 1 and 1A2 55 Gallon Steel Drums. Per the manufacturer, the containers are UN Specification Packagings. The UN markings are embossed on the bottom of the drums, and they begin with the letters "UN". Additionally, the UN markings, beginning with "UN", are printed on a sticker and applied to the side of each drum. Per 49 CFR § 178.503 (a)(1), the United Nations symbol must be applied as illustrated in paragraph (e)(1 lei) of the same section. However, the exception is that, "for embossed metal receptacles, the letters "UN" may be applied in place of the symbol". Paragraph (e)(1 lei) shows the United Nations symbol as a lowercase "u" over a lowercase un" inside a circle. Furthermore, 49 CFR § 178.3 (a)(2) tells us that the markings must be on the packaging to provide adequate accessibility, and paragraph (a)(5) further prescribes that packages with a gross mass of more than 30 kg must have the markings, or a duplicate thereof, on the top or side of the packaging. Recently, we've had issues with hazardous material shipments because the printed stickers on the side, which are the observable UN markings on our drums, begin with the letters "UN" and not the appropriate United Nations symbol. To the casual observer, it appears that the UN markings claim the exception to the United Nations symbol incorrectly because the markings are not embossed. However, the UN markings on the stickers are, as 178.3 (a)(5) allows, duplicates of the embossed markings on the bottom of the drums. With all of this in mind, I would like clarification as to whether or not the printed sticker is a valid UN Specification Marking, or should it show the United Nations symbol instead of the leiters "UN"? If using the letters "UN" is indeed valid, is there a standard that prescribes how to indicate to a potential inspector, in order to avoid delays, that the sticker is merely a replication of the embossed mark on the bottom of the drum? Thank you in advance for your consideration on this issue. If you need any additional information or have any questions, please do not hesitate to contact me. I look forward to hearing your response. Warmest Regards, Andrew Bethmann IYTEI: INDUSTRIES INC. I Logistics Site Lead 131 Revco Road, North Augusta, SC 29842 Office: (803) 819-4160 I Mobile: (803) 221-1591 I Fax: (803) 442-7169 Page 1 of 1#