Reckitt Benckiser, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Deportment of Transportation Pipeline and Hazardous Materials Safety Administration FEB 29 2011 1200 New Jersey Avenue, SE Washington, DC 20590 Mr. Richard Hessen Reckitt Benckiser, Inc. 399 Interpace Parkway Parsippany, NJ 07054-0225 Ref. No. 11-0051 Dear Mr. Hessen: This responds to your February 11, 20 II request for clarification on the new limited quantity marking and,the size requirements regarding reduction to 50 mm in size in § 172.315(a)(1) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the reduction to 50 mm and placement of the limited quantity marking on the lip of the corrugated shrink wrapped tray is a proper and acceptable application ofthe marking. The answer is yes. A final rule under Docket HM-215K was published in the Federal Register on January 19, 2011 (76 FR 3308). In the final rule PHMSA revised the limited quantity marking requirements in § 172.315( a)(1) to allow a 50 rom limited quantity marking. The reduced sized limited quantity marking may be placed on the lip ofthe tray corrugate, provided the tray corrugate is visible through the shrink wrap. Section 172.315(a)(I) requires the limited quantity marking to be durable, legible and ofa size relative to the package that is readily visible. The marking must be applied on at least one side or one end ofthe outer packaging. The width of the border forming the square on point must be at least 2 rom and the minimum dimension ofeach side must be 100 mm unless the package size requires a reduced marking that must be no less than 50 mm on each side. I hope this answers your inquiry. If you need additional assistance, please contact this office at (202) 366-8553. Sincerely, BenSupko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Mr. Charles Betts "'~ 'f Reckitt Acting Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-10) Benckiser 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 ~~ ~f12.3Ib (J..) February 11, 2011 Ma rk;n1 Dear Mr. Betts: 11- DDS} I am writing to you with regard to the new limited quantity marking and the size requirements as they relate to reduction to 50mm in size (§172.315 (1» on shrink or stretched wrapped trays. For the sake of this letter our completed shrink wrapped tray package has dimensions of (L) 10.5" X (W) 8" X (H) 8". It is obvious that the 100mm square marking would fit on any of the four sides of our completed shrink wrapped tray package. The dimensions of the corrugated portion of the shrink-wrapped tray are 10.5" X 8" with a lip height of 2.25". If reduced to 50 mm, the marking fits on the lip of the tray corrugate. We find that since it is printed on the corrugate, it is legible, visible and permanent. When placed on the shrink-wrapping, we believe that it is less permanent, especially if the shrink-wrap is damaged and is replaced. There is a fair chance that the marking would not be replaced. In such a case the package is non-compliant for transport. Would the proposed reduction to 50mm and placement of the Limited Quantity marking on the lip of the corrugated tray be a proper and acceptable application of the allowance to reduce the size of the marking in § 172 .315 (1)? Thank you for your response. RiCha: ~essen 0 fl.'1'-----__ Transportation Re~atOry Reckitt Benckiser Inc. 399 Interpace Parkway Parsippany, NJ 07054-0225 Reckitt Benckiser Inc. PH: 973-404-2409 Morris Corporate Center IV 399 Interpace Parkway Email: Richard.hessen@rb.com PO Box 225 ParSippany, NJ 07054-0225 USA#