Clariant Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S.Department 400 Seventh Street, S.W. Washington, D.C. 20590 Special Programs Research and Administration JUN - 4 1999 Mr. Robert F. Rau Ref. No. 99-0093 Manager, Transportation Regulations Clariant Corporation 4000 Monroe Road Charlotte, NC 28205 Dear Mr. Rau: This is in response to your letter dated March 24, 1999, requesting clarification on labeling requirements under § 172.406 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Specifically, you ask whether affixing the hazard warning label to the surface of a stretch band which is wrapped around the drum would be considered affixing the label to the surface of the package. This method is acceptable if the plastic band is affixed to the drum and the label is affixed to the plastic, provided the label stays on during conditions normal to transportation. If the labels come of during normal transportation, it would be a violation of the HMR. I hope this satisfies your inquiry. Sincerely, un till's Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 112400 990093#

Page 2Clariant Corporation 4000 Monroe Road Clariant 704.331.7000 Charlotte, NC 28205 Tabel172.406 March 24, 1999 CERTIFIED - RETURN RECEIPT REQUESTED Boothe §172.406 Mr. Edward Mazzullo 99-0093 Director - Office of Hazardous Materials Standards U. S. Department of Transportation Research and Special Programs Administration DHM-10 400 7th Street S. W. Washington, D.C. 20590 Subject: Request for Interpretation - 49CFR Section 172.406(a)(1)(i) Placement of Labels. Dear Mr. Mazzullo: Subject provision requires that the DOT hazard warning labels be affixed to the surface of a package. Some of our packages are standard UN1H1 and UN1H2 reusable 35 to 55 gallon capacity drums that arrive from our drum suppliers and reconditioners with a 254 mm (10 inch) wide 4 mm thick polyethylene stretch band around the center portion of the drum. The stretch band has the reconditioner's preprinted return address. Placement of the DOT labels to the surface of the stretch band is desirable because the labels adhere best to the stretch band surface of the drum. We presentiy provide DOT hazardous material markings and other information on a large adhesive label applied to the stretch band Please note the three enclosed photographs and one sample of the polyethylene stretch band demonstrate that the stretch band is securely placed on the drum by suitable means with permanency and withstands incidents normal to transportation. On the basis that the stretch band has a substantial degree of permanence on the drum, we respectively request your interpretation of subject provision wherein affixing the DOT hazard warning labels to the surface of the stretch band would be considered affixing the DOT hazard warning labels to the surface of the package.#

Page 399-0093 label172.406 If you need additional information or have any questions, please contact me at (704) 331 7764 or, robert.rau@ciariant.com. Sincerely, stitton Robert F. Rau Manager, Transportation Regulations#