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Interpretation Response #01-0066 ([Degesch America, Inc.] [Mr. Michael E. Paynter])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Degesch America, Inc.

Individual Name: Mr. Michael E. Paynter

Location State: VA Country: US

View the Interpretation Document

Response text:

MAY 2, 2001


Mr. Michael E. Paynter                     Ref. No. 01-0066
Degesch America, Inc.
P.O. Box 116
Weyers Cave, VA 24486

Dear Mr. Paynter:

This is in response to your letter and subsequent telephone conversation with a member of my staff asking whether your fumigation marking is in accordance with 49 CPR 173.9.

The answer is no. Section 173.9(c}states that except for the size and color, the FUMIGANT marking must be as set forth in the illustration. The text in your marking varies considerably from the illustration and, therefore, does not meet the requirements of paragraph (c). As provided in paragraph (b), if your FUMIGANT marking is authorized by the Environmental Protection Agency
(EPA) under 40 CFR, Part 156, it may be used as an alternative to the 49 CPR FUMIGANT marking; however, as you stated on the telephone, your marking has not yet been approved.

I hope this information is helpful. Please contact us if you need further assistance.



Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.9 Transport vehicles or freight containers containing lading which has been fumigated