November 26, 2002

Mr. Edward Mazzullo, Director
Office of Hazardous Materials Standards (DHM-10)
Research and Special Programs Administration
U.S. Department of Transportation
400 Seventh St., SW
Washington, DC 20590-0001

Re: Clarification of shipping paper requirements for transporting marine pollutants in non-bulk packaging and for shipping marine pollutants in any type of packaging by vessel

Dear Mr. Mazzullo,

The Dangerous Goods Advisory Council (DGAC) 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. DGAC 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 would like to bring to your attention certain requirements in the regulations concerning marine pollutants that we believe would benefit from clarification. Shipping paper requirements for transporting marine pollutants in non-bulk packagings are listed under paragraph 172.203(l) but the user is often unaware that they do not apply to marine pollutants shipped in non-bulk packagings, except when shipping by vessel, as provided for by paragraph 171.4(c). To improve the clarity of the regulations, we suggest the addition of a new sub-paragraph as follows:

"172.203(l)(4) Except for transportation by vessel, marine pollutants shipped in non-bulk packagings are not subject to the requirements of sub-paragraphs (1) and (2) of this section."

We also suggest a new sub-paragraph be added to §172.203(i) to ensure the reader is aware of the additional description requirements for transporting marine pollutants by vessel, as described in §172.203(l):

"172.203(i)(7) Marine pollutants shall be described in accordance with the requirements of paragraph 172.203(l)."

We hope these comments are useful and can be incorporated in the next docket that addresses editorial corrections and clarifications to the HMR. Note that we are not suggesting revisions to present requirements, only the addition of cross-references for clarification purposes. If you disagree that these suggested changes are only editorial in nature, consider this letter as a petition for rulemaking. Please contact us should you wish to discuss them in more detail.

Sincerely,

Alan I. Roberts
President