Commercial Vehicle Consultant — Hazardous Materials Safety Interpretation

Page 1U.S. Department 00 Seventh Street, S.M of Transportation Vashington, D.C. 2055 Research and Administration Special Programs DEC 2 2 1999 Mr. Ralph B. Wood Ref. No. 99-0076 Commercial Vehicle Consultant 23076 Dune Mear Road Lake Forest, CA 92630-3933 Dear Mr. Wood: This is in response to your inquiry concerning whether the use of permissible under the Hazardous Materials Regulations (HMR; 49 two different primary hazard labels for the same hazard class is GAS or TOXIC GAS label and the new poison inhalation hazard (PIH) CER Parts 171-180). Specifically, you inquire whether label may be displayed on a cylinder containing Sulfuryl fluoride, 2.3, UN2191. The International Maritime Dangerous Goods Code does not provide for the display of the PIH label as required by the HMR effective October 1, 1999. The answer to your question is yes, the dual display of the old POISON GAS or TOXIC GAS label and the new PIH label is acceptable. The old label represents the hazard of material in the package and is required under the International Maritime Dangerous Goods (IMDG) Code. Its continued use under the HMR is acceptable as specified in $ 172.401 (a) (2) and (c) respectively. In a recent interim final rule (September 16, 1999; HM-206D; 64 FR 50260), we provided a transition period until October 1, 2001, the old POISON GAS or TOXIC GAS label in accordance with the IMDG to allow a package containing a PIH material to be labeled with Code, subject to the following conditions and limitations: (1) The material must be packaged in accordance with the HMR; (2) The package must be marked "inhalation hazard" in accordance with § 172.313 (a); (3) The package must be transported in a closed transport vehicle or freight container that is marked with the identification number for any quantity of PIH materials as prescribed in § 172.313 (c); 172.401 990076#

Page 2: (4) If a closed transport vehicle or freight container with the identification number determined according to contains more than one PIH material, it must be marked $ 172.313 (C) (3); and (5) A closed transport vehicle or freight container must be placarded as required by subpart F of part 172 of the HMR. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Hotte 2. Mithell Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Stevens 8172.401 99-0076 RALPH B. WOOD COMMERCIAL VEHICLE CONSULIANT Edward I. Mazzullo Materials Standards Director, Office of Hazardous Dear Sir I would like to have an official interpretation on the cylinder two primary labels for the same hazard class. DOW following subject. Is it permissible to display on a gas AGRO is currently displaying the new poison inhalation hazard label and the old poison gas label on the same cylinder, next to each other. Both labels display the class number at the bottom of the label. The reasoning that was DOT poison inhalation hazard label, and that they ship some given for doing this is, that IMO does not recognize the Us cylinders overseas. The product in the cylinders is Sulfuryl Fluoride 2,3 UN2191 . There is no subsidiary hazard indicated. Thank you for your reply in advance SiACarely Wood 23076 Dune Mear Road, Lake Forest, CA 92630-3933 (949) 830-4328 Fax (949) 830-4884 E-Mail: RWood5991@aol.com 1#