Eveready Products Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. Research and dministratiol pecial Program MAY 2 4 2000 Mr. Sam Vandivort Eveready Products Corporation Ref. No. 00-0121 1101 Belt Line Street Cleveland, OH 44109-2896 Dear Mr. Vandivort: the transportation of a combustible liquid in a non-bulk This is in response to your letter dated April 6, 2000 regarding packaging under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a material reclassed as a combustible liquid in accordance with $ 173.150(f) (1) is subject to the marking, labeling, placarding, and shipping paper requirements of the HMR when transported in non-bulk packagings. Section 173.150 (f) (1) provides that shippers may reclass flammable liquid as a combustible liquid if the material's flashpoint is at or above 38°C (100°F) and does not meet the domestic transportation and does not apply to transportation by definition of any other hazard class. This exception is for vessel impracticable. or aircraft, except where other means of transportation is transported in a non-bulk packaging is not subject to the HMR In accordance with § 173.150 (f) (2), a combustible liquid unless it is a hazardous substance, a hazardous waste, or a marine pollutant. I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards 173.150 000121#

Page 2EVEREADY PRODUCTS CORPORATION 1101 Belt Line Street • Cleveland, Ohio 44109-2896 • (216) 661-2755 • Fax (216) 741-1391 : BAH $113.150 00-0121 6 April 2000 Director of the Office of Hazardous Material Standards Mr. Edward Mazzullo, 400 7' Street SW Washington DC, 20590 Dear Mir. Mazzulio, following I am writing to request a review of my interpretation of the shipping regulations as they apply to the I have a product that has a proper shipping name Terpene Hydrocarbon, N.O.S., Class 3 (flammable the definition of any other hazard class, and is not a hazardous substance, hazardous waste or a liquid) (flash point 115 degrees F), and identification number UN2319. The product does not meet marine pollutant. understanding is that I can reclass the product as a combustible liquid for ground transportation and When I review the Exceptions for Class 3 and Combustible Liquids 49 CFR 173.150 (Đ) my the marking, labeling and shipping paper requirements required for a Class 3 liquid no longer apply. In essence, it is no longer regulated. Is this a correct interpretation of the regulations? Thank you for your assistance with this matter. Should you have any questions please contact me at the above telephone number. Yours truly, Sam Vandivort .... ............. ... .. AEROSOL AND LIQUID PACKAGING#