Avon Products Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration DEC 2 1 2010 1200 New Jersey Ave, SE Washington, D.C. 20590 Mr. Kevin Gannon Manager, Hazmat Compliance & Transportation A von Products Inc. 1 Avon Place Rye, NY 10580 Ref. No.: 10-0237 Dear Mr. Gannon: This is in response to your October 22,2010, letter requesting clarification of requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to consumer commodities shipped by air. Specifically, you ask if an air carrier has the discretion to require a package to display consumer commodity markings in accordance with the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) in lieu ofmarkings required by the HMR. A material shipped by air and described with the proper shipping name "Consumer commodity" may be offered and transported in accordance with the ICAO Technical Instructions as specified in § 171.24. The ICAO Technical Instructions describe consumer commodities as Class 9 while the HMR use the hazard class ORM-D. Since the HMR provide the option for shippers and carriers to use the ICAO Technical Instructions in domestic air commerce, airline carriers may require shippers to offer hazardous material for transport in accordance with the ICAO Technical Instructions. I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division. Sincerely, ~5,~ Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2!-earL{ AVO N the company for women ,-- ~ (1/·~ ~111'l..Z -:rlrrA ~ 10 -'D?-../1 KEVIN GANNON MANAGER HAZMAT COMPLIANCE & TRANSPORTATION 1 Avon Place Rye, NY 10580 914-935·2029 October 22,2010 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 Mr. Mazzullo Avon Products Inc. is a shipper by air freight to Hawaii, Alaska, Guam, and Saipan from our California based distribution facility. Our products are produced as Consumer Commodity ORM-D. We tender our freight to a 3rd party air freight forwarder whom have come back to us stating that the Airlines whom they work with will not accept or recognize the Consumer Commodity ORM-D-AIR classification. The Airlines will only honor the ICAO/IATA 108000 Consumer Commodity Class 9 PI910 to the pOints which I have referenced. When referencing Title 49,171.8 United States, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other territory or posseSSion of the United States designated by the Secretary. My question, is it the discretion of the Airline to make the call in favoring the ICAO/IATA regulations over the 49 CFR , or do the Airlines base this call on the 12 mile variance which these points exceed. Looking forward to the regulatory clarity on this. Thank You#