Veolia ES Technical Solutions, L.L.C. — 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 JUL I 2 2013 Ms. Je1mifer Eberle Manager, Transportation Compliance Veolia ES Teclmical Solutions, L.L.C. 1 Eden Lane Flanders, NJ 07836 Reference No. 13-0109 Dear Ms. Eberle: This is in response to your May 17, 2013 letter requesting clarification on the use of the symbol "%" for the word "percent" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if this symbol may be used to replace the word "percent" in the proper shipping name you provided as an example: "Nitric acid other than red fuming, with more than 70 percent nitric acid." The answer is yes. Under § 172.101 (c)( 1 ), words in a proper shipping name listed in Column 2 ofthe Hazardous Materials Table(§ 172.101) may alternatively be spelled in the same manner as they appear in the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) or the International Maritime Dangerous Goods Code (IMDG Code). Under the ICAO Teclmical Instructions and IMDG Code, the proper shipping name for nitric acid with a concentration of 70 percent or more is "Nitric acid, other than red fuming, with more than 70% nitric acid." This alternative spelling may be used regardless of the mode of transportation used. I hope this satisfies your request. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2May 17,2013 Edmon3:>n ~ 11 z_. {0 I I A PP I I w b ; /, fJ 1.3- Dl aq Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration Attn: PHH-10 U.S. Department of Transportation East Building 1200 New Jersey Avenue S.E. Washington DC 20590-0001 RE: Request for Interpretation Regarding Substitution ofthe Word "Percent" with the % Symbol To Whom It May Concern: Veolia is requesting written guidance from PHMSA regarding substituting the word "percent" with the% symbol when included as part ofthe proper shipping name. Column 2 of the §172.101 Hazardous Materials Table lists hazardous materials descriptions and proper shipping names, some of which contain words in italics that may be used in addition to the proper shipping name. Veolia is requesting clarification to determine if substituting the word, "percent" with the % symbol is authorized. Example: The HMR indicates the following proper shipping name as: Nitric acid other than red fuming, with more than 70 percent nitric acid Would it be compliant to substitute the word percent with the% symbol as indicated below? Nitric acid other than red fuming, with more than 70% nitric acid Your written response to this request is greatly appreciated. If you require any further information regarding this request please feel free to contact me at ~~~""-=~~~"-'--'!=:""'~~'"'-'"/ 973-691-7331 or Tom Baker at ==~~'--"-~~=C!."/ 973-691-7330. Thank you,#

Page 3Jennifer Eberle Manager, Transportation Compliance Veolia ES Technical Solutions, L.L.C.#