Council on the Safe Transportation of Hazardous Articles — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 September 18, 2023 L’Gena Shaffer Director, Regulatory Compliance Council on the Safe Transportation of Hazardous Articles 101 Ridge Street, Suite I Glens Falls, NY 12801 Reference No. 23-0071 Dear Ms. Shaffer: This letter is in response to your August 18, 2023, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of a comma in place of a decimal point in the United Nations (UN) specification packaging marking when used for describing the specific gravity on a packaging. In your letter, you provide an image of a United Nations (UN) specification packaging marking and ask whether the decimal comma in “/Y1,6/” is acceptable to represent the specific gravity of 1.6. The answer is yes. The HMR do not specifically authorize or prohibit the use of the decimal comma. Additionally, the decimal comma is commonly used in international commerce, and the intent of the UN performance packaging system - to include the UN specification package marking - is to facilitate both domestic and international commerce. Therefore, this Office would not consider use of the decimal comma to be a violation of the provisions of the HMR. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Shane C. Kelley Director, Standards and Rulemaking Division#

Page 2Jacobson 23-0071 From: Foster, Glenn (PHMSA) To: Jones, Jessie Jane CTR (PHMSA) Cc: Kelley, Shane (PHMSA) Subject: FW: PHMSA interpretation on European indicators for decimal place Date: Thursday, August 3, 2023 4:05:43 PM Attachments: image001.png image002.png image003.png 8.4.2023 COSTHA LOI European indicators for decimal place.pdf Jessie, Here you go. From: L'Gena Shaffer <Lgena@costha.com> Sent: Thursday, August 3, 2023 2:45 PM To: Kelley, Shane (PHMSA) <shane.kelley@dot.gov> Cc: Andrews, Steven (PHMSA) <steven.andrews@dot.gov>; Tom Ferguson <Tom@costha.com>; Chris Yakush <Chris@costha.com>; Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov>; L'Gena Shaffer <Lgena@costha.com> Subject: RE: PHMSA interpretation on European indicators for decimal place CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Shane, Please find attached a formal letter of interpretation request for your consideration. Best regards, L’Gena Shaffer, CDGP Director, Regulatory Compliance COSTHA https://www.costha.com/ From: Kelley, Shane (PHMSA) <shane.kelley@dot.gov> Sent: Thursday, August 3, 2023 12:30 PM To: L'Gena Shaffer <Lgena@costha.com>; Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov> Cc: Andrews, Steven (PHMSA) <steven.andrews@dot.gov>; Tom Ferguson <Tom@costha.com>; Chris Yakush <Chris@costha.com>; L'Gena Shaffer <Lgena@costha.com> Subject: Re: PHMSA interpretation on European indicators for decimal place Great. You can send it directly to me and I’ll help expedite. From: L'Gena Shaffer <Lgena@costha.com> Sent: Thursday, August 3, 2023 12:26:17 PM To: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>; Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov>#

Page 3Cc: Andrews, Steven (PHMSA) <steven.andrews@dot.gov>; Tom Ferguson <Tom@costha.com>; Chris Yakush <Chris@costha.com>; L'Gena Shaffer <Lgena@costha.com> Subject: RE: PHMSA interpretation on European indicators for decimal place CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Thank you Shane, we appreciate your response. We will be submitting a formal letter of interpretation request under separate cover. Regards, L’Gena Shaffer, CDGP Director, Regulatory Compliance COSTHA https://www.costha.com/ From: Kelley, Shane (PHMSA) <shane.kelley@dot.gov> Sent: Wednesday, August 2, 2023 2:58 PM To: L'Gena Shaffer <Lgena@costha.com>; Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov> Cc: Andrews, Steven (PHMSA) <steven.andrews@dot.gov>; Tom Ferguson <Tom@costha.com>; Chris Yakush <Chris@costha.com>; L'Gena Shaffer <Lgena@costha.com> Subject: Re: PHMSA interpretation on European indicators for decimal place I’m of the opinion this is an acceptable internationally recognized format that introduces no safety concerns, but welcome the comments of others on this chain. Unfortunately this may be a discretionary area managed at the inspector level as - unless I am missing a cite my team can point to - it is not specifically addressed. If an interp would help, and we don’t have one on record, the team was just remarking to me today that the interp stack is getting low and we could use a new request or two. From: L'Gena Shaffer <Lgena@costha.com> Sent: Wednesday, August 2, 2023 2:48:13 PM To: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>; Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov> Cc: Andrews, Steven (PHMSA) <steven.andrews@dot.gov>; Tom Ferguson <Tom@costha.com>; Chris Yakush <Chris@costha.com>; L'Gena Shaffer <Lgena@costha.com> Subject: FW: PHMSA interpretation on European indicators for decimal place CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon PHMSA, COSTHA is evaluating some outstanding inquires to PHMSA and we are following up on this#

Page 4request from November 2022. A COSTHA member purchased UN specification packaging (specification mark pictured below) that identifies the gross weight indicator with a European indicator of a “comma” and not a decimal point (e.g., 1,6 vs. 1.6). The member is concerned this packaging will not be accepted for transport and/or that US inspectors (including FAA inspectors and thus airlines), may not recognize the gross weight indicator with a European indictor of a “comma” and not a decimal point. We were unable to identify any letters of interpretation to provide clear guidance. Is this acceptable? We appreciate your review and response. Regards, L’Gena Shaffer, CDGP Director, Regulatory Compliance COSTHA http://www.costha.com lgena@costha.com Direct: 518-761-0389 Extn. 206 COSTHA Office: 518-761-0389 F: 518-792-7781 -- -- -- -- -- Follow us on LinkedIn Follow us on Instagram (@costha1972) ENGAGE IN YOUR COSTHA MEMBERSHIP: Upcoming Events, Meetings, & Webinars#

Page 5-- -- -- -- -- CONFIDENTIAL: UNAUTHORIZED USE OR DISCLOSURE IS STRICTLY PROHIBITED. This information is intended to provide interpretative and authoritative information in regard to the subject matter covered as a service to our clients and has been answered to the best of our ability based on the information provided to us. We do not guarantee the accuracy or completeness of any such interpretation or information, however, nor do we warrant that compliance with any advice we provide will guarantee compliance with any legal or regulatory requirements. Our statements or opinions do not convey legal interpretation and government authorities or legal counsel should be contacted for such a response. From: Tom Ferguson <Tom@costha.com> Sent: Thursday, November 10, 2022 4:42 PM To: shane.kelley@dot.gov Cc: L'Gena Shaffer <Lgena@costha.com>; Chris Yakush <Chris@costha.com> Subject: PHMSA interpretation on European indicators for decimal place Shane, We have not found any letters of interpretation on the topic and nothing that provides any clear guidance in 49 CFR. Please take a look at the picture below:#

Page 6You will notice the tested gross weight of the package is indicated as 1,6. The are mean this to indicate that it was tested and certified to 1.6 kg. However, they have used the European indication for a decimal place. Is this acceptable in the US? The member company that has purchased this package is very concerned that US inspectors (including FAA inspectors and thus airlines), may not recognize the indicator and thus would not accept it for transport. Any direction would be greatly appreciated! Best Regards, Tom Ferguson, PG, CHMM, DGSA Administrator and Chief Technical Officer Council On Safe Transportation of Hazardous Articles (COSTHA) Tom@costha.com O: 518-761-0389 F: 518-792-7781 Follow us on LinkedIn 50 Years | A Celebration of Success#

Page 7-- -- -- -- -- This information is intended to provide interpretative and authoritative information in regard to the subject matter covered as a service to our clients and has been answered to the best of our ability based on the information provided to us. We do not guarantee the accuracy or completeness of any such interpretation or information, however, nor do we warrant that compliance with any advice we provide will guarantee compliance with any legal or regulatory requirements. Our statements or opinions do not convey legal interpretation and government authorities or legal counsel should be contacted for such a response.#

Page 8Richard Schweitzer, PLLC August 3, 2023 President Dan Hankinson Program Manager Mr. Shane Kelley Director, Standards and Rulemaking Division Stellantis First Vice President Janet Kolodziey-Nykolyn Dir. Global Dangerous Goods Compliance Pfizer, Inc. Second Vice President U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 USA Carolyn Weintraub Dir. Regulatory & Government Affairs US Reckitt Treasurer Veronica Wilson Director, HM Transportation Wal-Mart, Inc Secretary Dave Madsen Reg. Compliance Specialist - Americas Autoliv ASP, Inc. Executive Committee Samuel Moyers Director of Transportation Safety ARCADIS Board of Directors Amy Fischesser Corporate Hazardous Materials Manager Sun Chemical Corporation Barbara Lantry-Miller Director, DG and Controlled Products Givaudan Flavors & Fragrances Jon Pelis Sr. Manager, Dangerous Goods / Product Regulatory Compliance The Boeing Company John Redman Manager, TMNA Hazmat Compliance Toyota Motor North America, Inc. Lynn Reiman Global Regulated DG Director UPS cc: infocntr@dot.gov Dear Mr. Kelley: The Council on Safe Transportation of Hazardous Articles, Inc. (COSTHA) requests a formal letter of interpretation regarding the use of the European gross weight indicator of a “comma” in place of a decimal point in a UN Specification packaging mark. In the Hazardous Materials Regulations (HMR) §178.503(a)(4) states: A designation of the specific gravity or mass for which the packaging design type has been tested, as follows: (i) For packagings without inner packagings intended to contain liquids, the designation shall be the specific gravity rounded down to the first decimal but may be omitted when the specific gravity does not exceed 1.2; and (ii) For packagings intended to contain solids or inner packagings, the designation shall be the maximum gross mass in kilograms; … COSTHA specifically requests an interpretation as to whether a package marking identifying the gross weight indicator with a European indicator of a “comma” and not a decimal point (e.g., 1,6 vs. 1.6) is authorized for use under the HMR. For Example: Jennifer Stokes Regulatory Manager Procter & Gamble Wim Verkuringen Director DG & Transportation Safety Johnson & Johnson Mike Wentz COSTHA appreciates your review of this interpretation request, and we look forward to hearing from you soon. Sincerely, Manager, Dangerous Goods Compliance American Airlines General Counsel Richard Schweitzer, PLLC L’Gena Shaffer Director, Regulatory Compliance COSTHA www.costha.com lgena@costha.com Council on Safe Transportation of Hazardous Articles 101 Ridge Street, Suite I, Glens Falls, NY 12801 • Phone: (518)761-0389 • Fax: (518)792-7781 • www.costha.com#