September 28, 1999

Mr. Alan I. Roberts
Associate Administrator for Hazardous Materials Safety
Dockets Management System
Research and Special Programs Administration
Department of Transportation
400 Seventh St., SW
Washington, DC 20590

Re: HM-206D, "Hazardous Materials: Limited Extension of Requirements for Labeling Materials Poisonous by Inhalation (PIH)"

Dear Mr. Roberts:

HMAC is an international, non-profit, educational organization devoted to promoting safety in the domestic and international transportation and handling of hazardous materials, substances and wastes. HMAC represents shippers, carriers of all modes, container manufacturers and reconditioners, emergency response and waste clean-up companies, and a variety of other companies and trade associations involved in the field of hazardous materials transportation.

We appreciate the relief recently granted in HM-206D and the Correction Notice concerning PIH labels on packages intended for transportation in international commerce. The rule and correction covered transportation by vessel under the provisions of the International Maritime Dangerous Goods (IMDG) Code and by motor vehicle and rail car between the U.S. and Canada. Unfortunately, neither rulemaking addressed shipments between the U.S. and Mexico. A number of our members transport PIH materials to Mexico and are concerned about the difficulties they will encounter as a result of this omission. We recognize that including an exception of this nature into the regulations is not as straightforward as those for shipments by vessel and shipments to and from Canada. However, HMAC considers it equally necessary and requests that RSPA delay implementation of the PIH label requirements until such time that an appropriate means of including an exception for shipments to/from Mexico can be found. Perhaps an additional subparagraph could be added to § 171.12 or a new § 171.12b could be developed for this purpose.

Because we are aware that a regulatory change will take some time, HMAC is in the process of applying for an exemption covering our member companies from the label provisions for PIH shipments to Mexico. We don't consider the exemption approach a satisfactory long-term solution to the problem, however, and for that reason request that the regulations be amended to permit an exception for Mexican shipments.

Sincerely,

Jonathan Collom
President