Ms. Donna J. Buckinger — Hazardous Materials Safety Interpretation

Page 1U.S.Department of Transportation Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Special Programs Administration JUN - 1 1999 Ms. Donna J. Buckinger 8512 SE Middleway Vancouver, WA 98664 Ref. No. 98-0239 Dear Ms. Buckinger: This is in response to your letter requesting clarification on how to determine a proper shipping name in accordance with the hazardous materials regulations. You state that you have a different opinion than the manufacturer of your product concerning the marking of cartons and proper shipping name assignment. Specifically, you state that the manufacturer of your product prefers your company use the proper shipping name "Coating solution" whereas your company prefers using the name "Paint UN1263." You asked which name is most appropriate under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Based on the information you provided, it is our determination that this material may be properly described by the generic proper shipping name "paint" or "coating solution." Both of these shipping descriptions include a wide range of products and we defer to the manufacturer's or subsequent shipper's judgement in the selection of the most appropriate proper shipping name. I hope this satisfies your request. Sincerely 1. 000 Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 980239 172.101#

Page 2Karim August 10, 1998 §172.101 C) Mr Edward T.Mazzullo Office of Hazardous Materials Standards Director coating SOLUTi US DOT/RSPA 400 7" Street SW Washington, DC 20590-001 98-0239 Dear Mr. Mazzullo: I am with a small company dealing with another smaller company who has a somewhat different opinion concerning the marking of cartons and proper shipping name for a hazardous material. I realize the DOT does not choose the classification for products, it is up to the manufacturer. But what if the manufacturer and a customer do not agree on the classification. I have been told by someone in a DOT office that we could stop buying the product but this in not an option. That is rather an evasive answer so transport or ship this product. This makes me a shipper, and in good conscious I do not feel this is the Im writing to you. I would not have a problem with the marking by this company, except we in turn proper marking for the products) in question. I would appreciate your opinion on this issue. company. I just want to know if I'm in left field or what. I do not want to cause problems for the manufacturer, but I also do not want to cause problems for my solution. Page three of the material safety data sheet for Spantex gives the D.O.T. Proper Shipping name as Coating for industrial or other purposes such as vehicle undercoatings,drum or barrel lining) 172.101 Hazardous Materials Table lists Coatings solution (includes surface treatments or coatings used This product is used to paint decks on homes. shown in the Table, selection of a proper shipping name shall be made from generic or n.o.s. Using 171.1010(10)(ii) Generic or n. o.s. descriptions stating "If an appropriate technical name is not Table 172.101 lists descriptions.... The name that most appropriately describes the material shall be used:" lacquer base. UN 1263 Paint including paint, lacquer, enamel, stain shellac solutions, varnish, polish, liquid filler, and liquid Paint or Paint related material UN 3066 Paint related material including paint thinning, drying, removing or reducing compound UN 1263 Based on the above information I feel the most appropriate description would be Paint UN1263. But faced with reshipment of previously marked cartons. somehow cannot get the manufacturer to see beyond coatings solution. This becomes a real problem when Thank you for your reply. Sincerely, Donna J. Buckinger . 8512 SE Middleway Encl: MSDS for Spantex Vancouver, WA 98664#