Kennedys CMK — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, DC 20590 Pipeline and Hazardous Materials Safety APR 0 2 2018 Administration Caroline Myers Associate Kennedys CMK 570 Lexington Avenue, 8t Floor New York, NY 10022 Reference No. 18-0007 Dear Ms. Myers: This letter is in response to your January 3, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantity markings. Specifically, you ask if it is permissible to mark a package with the limited quantity "Y" mark, which is designated for air transportation and authorized in § 172.315(b), if the package is transported by a mode other than aircraft. You also ask about additional requirements for the permissive use of this marking. The answer is yes, provided the package meets all applicable limited quantity provisions and—in accordance with § 172.315(a)—conforms to the authorized substance and article provisions and the inner and outer package quantity limits detailed in § 173.27(f) of the HMR. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kindere Chief, Standards Development Standards and Rulemaking Division#

Page 2Geller 172.315 January, Ikeya CTR (PHMSA) Marking From: INFOCNTR (PHMSA) 18-0007 Sent: To: Hazmat Interps Thursday, January 11, 2018 4:45 PM Subject: Attachments: FW: Limited Quantity " mark [KEN-CMK_DOCS.FID1021321] Letter of Interpretation on Marking Requirements under Section 172.315 KEN- CMK_DOCS.FID1021321.txt Hello All, Attached is the original e-mail Ms. Myers sent in requesting a formal LOI. In her initial inquiry, I reached out to her and provided her with some interps that address her question. She would like a letter that addresses what she's looking for directly. Regards, -Breanna From: Caroline Myers [mailto:Caroline.Myers@kennedyscmk.com] Sent: Tuesday, January 09, 2018 5:11 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Richard L. Furman <Richard.Furman@kennedyscmk.com> Subject: RE: Limited Quantity "y" mark [KEN-CMK_DOCS.FID1021321] To whom it may concern: interpretation/clarification. I have attached the originally submitted inquiry for your convenience. I have spoken with a regulatory specialist, but I would like to request a formal written letter of Thank you in advance for your assistance. Associate Caroline Myers for Kennedys CMK Kennedys CMK M +1 727 422 4926 T 1-646-625-4030 www.kennedyscmk.com F +1 646 625 4044 From: INFORMA) [mailto: [mailto:INFOCNTR.INFOCNTR@dot.gov] Sent: Friday, January 05, 2018 3:03 PM To: Caroline Myers <Caroline.Myers@kennedyscmk.com> Subject: Limited Quantity "y" mark Dear Caroline, Attached are the documents that you requested. Additionally, you can access the Code of Federal Regulations at www.ecfr.gov. I hope that this information is helpful. 1#

Page 3You may contact the Hazardous Materials Information Center, which is staffed with regulatory specialists who can quickly answer your questions by phone, Monday through Friday, 9 AM - 5 PM EST at (800) 467-4922 or (202) 366- 4488. Alternatively, if you would like a regulatory specialist to contact you directly, please respond to this e-mail with a telephone number where you can be reached between 9 AM and 5 PM EST. Sincerely, Breanna Hazardous Materials Information Center An e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance with 49 CF 105.20. http://hazmat.dot.gov/infocent.htm This email has been scanned for viruses and malicious content by Kennedys email security service provided by Mimecast. For more information on email security, visit http://www.mimecast.com 2#

Page 4Letter of Interpretation on Marking Requirements under Section 172.315 KEN-CMK_DOCS. FID1021321 Sent: wednesday, Caroline Myers January 03, 2018 12:57 PM TO: Cc: Richard L. PHMSAHMInfoCenteradot.gov' Subject: Letter of Interpretation on Marking Requirements under Section Furman [KEN-CMK_DOCS.FID1021321] 172.315 To whom it may concern: Limited Quantity I am writing to request a Letter of Interpretation on marking requirements for hazardous goods packages being transported by modes other than air transport. 1. than air to display the Is it permissible for packaging offered for transportation by a mode other alternative to the limited quantity "y" mark as shown in paragraph (b) (1) of § 172.315 as an Zimited of the answer to question naragraph fa yesof re here additional and/or that different requirements required for need to be fulfilled to be in compliance with the regulations other than those Limited Quantity packages being transported by modes other than air displaying the shown marking in paragraph (a) (1) of §172.315? Thank you in advance for your assistance. Caroline Myers Associate for Kennedys CMK Kennedys CMK T 1-646-625-4030 M +1 727 422 4926 F +1 646 625 4044 www.kennedyscmk.com Page 1#