Monsanto Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 APR 0 5 ZOlJ Mr. David W. Peters Regulatory Compliance Lead Monsanto Company 800 North Lindgergh Boulevard Saint Louis, MO 63167 Reference No.: 13-0038 Dear Mr. Peters: This is in response to your December 21, 2012 email to the Standards and Rulemaking Division of the Office of Hazardous Materials Safety requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the display of Globally Harmonized System of Classification and Labelling of Chemicals (GHS) labeling in conjunction with hazardous materials placards. You provide a photograph of a portable tank displaying both GHS labels, and hazardous materials placards. The GHS hazard communication labels are adjacent to the required hazardous materials placards. Ydu ask whether the display of the GHS labels adjacent to the required hazardous materials placards on the tank as depicted would constitute a violation. The display of the GHS labels on the tank as depicted would not constitute a violation. Section 172.401 (c)( 5) specifically permits packages that are labeled in conformance with the GHS. No Longer Valid I trust this satisfies your inquiry. Please contact us if we can be of further assistance. See 16-0122 [2:16- . Delmer Billings ';:# Senior Regulatory Advisor Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: Kelley, Shane (PHMSA) Sent: To: Cc: Subject: Attachments: Wednesday, February 06, 2013 11:00 AM Drakeford, Carolyn (PHMSA) Pfund, Duane (PHMSA); Billings, Delmer (PHMSA) FW: GHS Labeling and DOT Placarding - Opinion IMAG0277.jpg Hi Carolyn Can you please assign this for a formal response it should be assigned to PHH-13. Thank you, Shane Shane C. Kelley Assistant International Standards Coordinator Office of Hazardous Materials Safety Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation Voice: 202-366-4359 FAX: 202-366-5713 From: PETERS, DAVID W (AG/1000) [mailto:david.w.peters@monsanto.com] Sent: Friday, December 21, 2012 1:05PM To: Kelley, Shane (PHMSA); Maureen Ruskin (Ruskin.Maureen@dol.gov) Cc: La ndkrohn. Kathy@dot.gov Subject: GHS Labeling and DOT Placarding - Opinion Hi Shane, I hope you have a chance to truly relax and enjoy the slower(?) pace of the holidays. I would like a quick opinion (not a formal interpretation) of the attached photograph. No Longer Valid This is an intermodal portable tank that I saw on a recent due diligence trip to the port in Jacksonville, FL. You can see See 16-0122 that this is the primary shipping package so it could be a workplace container as well. The tank is marked for the international shipment with the proper shipping name and the UN number on the orange panel. It is placarded with the class 3 placard and the environmental hazard mark. In addition it appears to be "labeled" for the GHS (either the CLP in Europe or HazCom 2012 in the US) with acute and chronic health hazards pictograms. Assuming that the material is classified correctly and the container is compliance in all other ways, in this case do the pictogram size and location cause conflict with 49 CFR 17.502(a)(2) that states: (a) Prohibited placarding. Except as provided in paragraph (b) of this section, no person may affix or display on a packaging, freight container, unit load device, motor vehicle or rail car- (2) Any sign, advertisement, slogan (such as "Drive Safely"), or device that, by its color, design, shape or content, could be confused with any placard prescribed in this subpart. I saw similar sized pictograms on different tanks in Malaysia as well. 1#

Page 3I recall the issues of possible confusion amongst transportation worker seeing the GHS pictograms and confusion with labeling, etc. and that DOT would permit the pictograms on the packaging. However, in this case I am questioning the size and location of pictograms in relation to the placards. Maureen, I also wish you the same hopes for a relaxing holiday season! I gave our host a pop quiz to know if he knew what the pictograms meant. He admitted that he did not know but he also had not had HazCom 2012 training. My concern is that he was the safety lead for the terminal and he had not heard of GHS, etc. I asked if he knew where he could get more information and he did not have any idea. I pointed him to the OSHA website. There is a long road ahead for the awareness and training. Best regards, Dave David W Peters Regulatory Compliance Lead Monsanto Company 800 N Lindbergh Blvd Saint Louis, MO 63167 Phone: 314-694-8851 Fax: 314-694-7300 e-Mail: david.w.peters@monsanto.com This e-mail message may contain privileged and/or confidential information, and is intended to be received only by persons entitled to receive such information. If you have received this e-mail in error, please notify the sender immediately. Please delete it and all attachments from any servers, hard drives or any other media. Other use of this e-mail by you is strictly prohibited. All e-mails and attachments sent and received are subject to monitoring, reading and archival by Monsanto, No Longer Valid including its "Malware". or accompanymg this e-mail or any attachment. subsidiaries. The recipient of this e-mail is solely responsible for checking for the presence of "Viruses" or other Monsanto, along with its subsidiaries, accepts no liability for any damage caused by any such code transmitted by See 16-0122 The information contained in this email may be subject to the export control laws and regulations of the United States, potentially U.S. Department of comply with all applicable U.S. export laws and regulations. including but not limited to the Export Administration Regulations (EAR) and sanctions regulations issued by the Treasury, Office of Foreign Asset Controls (OFAC). As a recipient of this information you are obligated to 2#

Page 4CRXU 869407 7 311 UN PORTABLE TANK TO IMPACT APPROVE MEG - RID/ADR 2,6m 8'6" 22 T 6 AAR6OO SUPER HEAVY 70 RICO AND 2 3 09 Lon No FLAMMABLE (COLD PRESSED ORANGED DES IMS T-13.0 CHE 173:203 ERG27 CLASS J. UN 7319, PG/N FP 110.120 1/43 TERPENE HYDROCARIONS, URS EMERGENCY TELEPHONE (0800) 255 2924 (D.S.A. CANADA, ARGIN ISLANDS) AND 813.248.0585 (OUTSIDE THE NORTH AMERI#