United Initiators, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 April 15, 2020 Mr. Jeremy Pogorelec Product & Process Chemist United Initiators, Inc. 555 Garden Street Elyria, OH 44035 Reference No. 19-0105 Dear Mr. Pogorelec: This letter is in response to your emails from August 15 and 26, 2019, as well as your August 26, 2019, telephone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of International Maritime Dangerous Goods Code (IMDG Code) hazard class warning labels. Specifically, you ask whether these labels may remain on packages of “UN3116, Organic peroxide, type D, solid, temperature controlled (Dimyristyl peroxydicarbonate), Division 5.2,” imported from Germany by vessel into the United States until these packages reach the final destination indicated on the shipping document. You have noted the following: • Your company is the final destination that appears on the shipping documents when the organic peroxide is sent from Germany to the United States. • The organic peroxide your company receives is not a marine pollutant. • Your company prepares new shipping documents to forward this material to your client, a distributor that delivers the organic peroxide to an end user. • Sections 172.407(f) and 172.519(f) permit IMDG Code labels and placards, respectively, to be used in place of corresponding U.S. Department of Transportation (DOT) labels and placards, but your client requests that your company cover each IMDG Code label with the appropriate DOT label before the packages are transported in the United States. Your client notes the Pipeline and Hazardous Materials Safety Administration (PHMSA) clarification letter Reference No. 12-0253 supports this position by stating: o If the shipping document identifies the shipment as a through-shipment and identifies the final destination of the movement to be other than the logistic company’s terminal, the shipment may continue to that final destination point in accordance with the IMDG Code. o However, if the shipping document identifies the logistic company’s terminal as the final destination of the hazardous material, the shipment must be brought into full compliance with the HMR prior to any further movement.#

Page 2The answer is yes, the IMDG labels can remain on the packages you describe as long as they accurately reflect the hazardous contents of the packages. In this instance, DOT labels are not necessary. The HMR contain exceptions concerning the labeling and placarding of hazardous materials during transportation. One exception permits a label, except for materials poisonous- by-inhalation, that conforms to applicable international requirements to be used in place of a corresponding label that conforms to the HMR (see § 172.407(f)). This labeling exception is not contingent on the use of international standards and may be applied to packages prepared solely in conformance with the HMR. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3Dodd, Alice (PHMSA) From: Sent: To: Subject: INFOCNTR (PHMSA) Friday, August 16, 2019 3:41 PM Hazmat Interps FW: Letter of Interpretation Request - United Initiators Hi Alice and lkeya, Please see the letter of interpretation request below. Thank you, Kathryn, HMIC From: Pogorelec Jeremy [mailto:J eremy.Pogorelec@united-in.com] Sent: Thursday, August 15, 2019 11:35 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Letter of Interpretation Request - United Initiators Hello! I am writing to you today to request a LOI on a particular situation I am in with one of my customers and we are looking for guidance. I have spent a considerable amount of time recently researching personally and with PHMSA reps in order to find a solution to our customer requesting us to relabel product with US DOT 5.2 labels. We are getting in a product from Germany and our US customer (who is a distributor and NOT end user) is requiring us to slap a DOT label over the IMDG label. This is taking time and money to do this. Our customer has an Interpretation Letter from 2013 which states: There ore, following vessel transport, if the shipping document identifJes the shipment as a through.shipment and identifies the final destination of the movement to be other than the logistic company's terminal. the shipment may continue to that final destination point in accordance with the IMDG Code. However, if the shipping document iden ifies the logistic company's terminal. as the final destination of the hazardous material, the shipment must be brought into full compliance with the HMR prior to any further movement. While I was searching into my own Interpretation Letter, I found paragraph (f) in §172.407 Label Specifications which states: (f) Exceptions. Except for materials poisonous by inhalation (see §171.8 of this subchapter), a label conforming to specifications in the UN Recommendations, the ICAO Technical Instructions, the IMDG Code, or the Transport Canada TOG Regulations (IBR, see §171. 7 of this subchapter) may be used in place of a corresponding label that conforms to the requirements of this subpart. 1#

Page 4anaravus materiale, "copyried LEVIO Modify, Clarify, or Eliminate Regulations A Rule by the Pipeline ant Hazardon Mater's Safety Arminalaten on 11/07/2018 PUEN I SHE D DOCUMEN! DOCUMENT DE TAR S Printed version: AGENCY: POR Publication Date: Pipeline and Hazardous Materials Safety Administration (PHNSA), DOT. 1U0YQ018 Арепсия: ACTION: Final rule. Dates: Enoctve sae That nie is SUMMARY: fecive Decenter 7,2018 In this rulemaking, PHMSA is amending the Hazardous Materials Regolations in Enective Date: 12/01/2018 response to 19 petitions for rulemaking submitted by the regulated coramunity to update, clarify, streamline, or provide relief from miscellaneous regulatory Document Type: requirements. By adopting these deregulatory amendments, PHMSA is allowing Document Citation: more efficient and effective ways of transporting hazardous materials in 83 FR 55792 commerce whlle maintaining an equivalent level of safety. 85792-10611 (2Q pages) DATES: A9 CFR 121 Effective date: This rule is effective December 7, 2018. 49 CFR 172 40 CFR 172 49-08 Q 126 e Page 55795 Section 3: INTERNATION LABEL AND PLACARD CONSISTENCY show when and how this paragraph (f) was made. 2#

Page 5Upon reviewing the petition, PHMSA found that the requested changes are likely to clarity some regulatory requirements and provisions that exist for the transportation of hazardous materials internationally, and are not likely to be onerous or costly for the regulated community. In the NPRM, PHMSA proposed revisions to 5$ 172,519(f) and 172:407(f) of the HMR to allow for the use of labels and placands conforming to the specifications in the UN Recommendations, ICAO Technical Instructions, IMDG Code, or TDG Regulations. In response to the proposed changes in the NPRM, PHMSA received comments from Clifford Bartley, Council on the Safe Transport of Hazardous Articles (COSTHA), and International Vessel Operators Dangerous Goods Association (IVODGA). All commenters expressed support for PHMSA adopting these provisions as written. Additionally, COSTHA added that the proposed changes would not increase the burden on shippers. PHNSA agrees with the commenters and is therefore incorporating the changes in 55172.519(f) and 172.407(D of the HMR as proposed. paragraph (f) in §172.519 General Specifications for placards states: (f) Exceptions. When hazardous materials are offered for transportation or transported under the provisions of subpart C of part 171 of this subchapter, a placard conforming to the specifications in the UN Recommendations, the ICAO Technical Instructions, the IMDG Code, or the Transport Canada TDG Regulations (IBR, see §171.7 of this subchapter) may be used in place of a corresponding placard conforming to the requirements of this subpart. However, a bulk packaging, transport vehicle, or freight container containing a material poisonous by inhalation (see §171.8 of this subchapter) must be placarded in accordance with this subpart (see §171.23(b)(10) of this subchapter). →I think the take away is the IMDG label is ok to be used to ship to our customer and then to end user as long as it is in code with IMDG specifications. Can you please confirm: 1. you have received this email 2. an expected completion of the LOI 3. eliminate any customer or product names if I missed them Please let me know if there is anything else I can help with or clarify. Thank you!!#

Page 6Jeremy Pogorelec Product & Process Chemist Tel (440) 326-2429 Mob (330) 685-6138 Fax (440) 723-2636 jeremy.pogorelec@united-in.com United Initiators, Inc. 555 Garden Street Elyria, Ohio 44035 http ://www. united-initiators.com This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e- mail and delete the original transmission and its attachments without reading or saving in any manner. All technical or other advice by UI with respect to the Product, whether or not at Buyer's request, its processing , further manufacture, other use or resale or otherwise, shall be deemed as being provided gratis by Seller and Seller shall not be liable for such advice and the results thereof, Buyer assuming all risk as to such advice. Thank you . 4#