All-Pak, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation J.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration OCT 2 2000 Mr. R. C. Watt Ref. No. 00-0166 All-Pak, Inc. 4225 Genesee Street Suite 200 Buffalo, NY 14225. Dear Mr. Watt: This is in response to a telephone conversation with Ms. Helen Engrum of this office. You asked hipped as a consumer commodity regardless of whether the poison is in Packing Group III a hether the provisions in 49 CFR 173.153(c)(2) allow a poison which is a drug or medicine to b stated in § 173.153(b). The answer is yes. The definition of "Consumer commodity" in § 171.8 states that the term includes drugs and medicines. A Division 6.1 material regardless of its Packing Group may be renamed "Consumer commodity" and reclassed as ORM-D, if: (1) it is a drug or medicine listed in the U.S. Pharmacopeia; and (2) the shipping description entry for the material, as listed in the 49 CFR 172.101 Hazardous Materials Table, authorizes a packaging exception in Column (8A) by referencing § 173.153. The reclassed material must be packaged in conformance with § 173.153(c)(2). I hope this information is helpful. Sincerely, Hithe z nithell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards HIH HI 171-8 000166#

Page 205/11/2009 10:30 7166337745 ALL PAK INU 1. AllPak corbin 5171.8 To: Helen Engrum Consumer Company: DOT Fax: 202-366-3012 commodite 00-0166 From: R. C. Watt Company: ALL-PAK, INC. Phone: 716-632-5277 Fax: 716-633-7745 Date: 05/11/00 Pages: 2 Dear Helen, Would this 1994 letter of interpretation still apply regardless of class, packing group, or quantity? Very Truly Yours, Ray Watt R. C. Watt Vice President All-Pak, Inc. 716-632-5277 716-633-7745 t225 yenesee st Ste 20% Buf NY 14225 4,#

Page 305/11/2800 10:30 7166337745 PAK INC I MuL BE US DOT Interpretations 3.151 (b) (1) § 173.153 Hazardous Materials Regulations (HMR; LISt 26, 1996 November 16, 1994 49 CFR Parts 171-180). • is in response to your letter and sub- This is in response to your letter of April Section 173,154 provides. for Packing Group Ill corrosive materials, in inner ient telephone conversation with oral Boothe of my staff, requesting T. 1994, concerning the relevance of dis- packagings not exceeding 4.0 L (1 gallon) a drug or medicine is eligible for a con- tribution method in determining whether net capacity each for or not over 5.0 kg rated with alcohol/water blends and fication on shipping various wipes (11 pounds) net capacity each for solids, sumer commodity exception. I apologize packed in strong outer packagings as lim- itha/toluene blends under the prov!- for the delay in responding and hope it ited quantitles. Limited quantities of cor- s in § 173.150 of the Hazardous has not caused any inconvenience. rosive materials are excepted from label- erlals Regulations (HMR; 49 CFR Parts ing (unless offered for transportation by • 180). In confirmation of your understanding of aircraft, placarding, and specification the regulations, method of distribution is packaging requirements. don informan provided. is are Class 4.1, PG Il materials. your materials are eligible for consumer com- Irrelevanc for drugs or medicines. These As explained by Ms. Antonielli, although ble to be shipped under the limited irdous materials in Class 4.1, PG Il are modity exceptions regardless of whether limited quantities are excepted from cer- they are suitable or Intended for retail sale. tain requirements for the HMR because of itity provisions of § 173.151 (b) (1) in reduced degree of hazard posed by small r packagings not over 1.0 kg (2.2 The statement attributed to Mr. Roberts amounts, they are. regulated hazardous ids) net capacity each, and are except- "that any material listed in the U.S. materials. Hazardous materials in limited om labeling unless shipped by aircraft Pharmacopeia would be eligible for ship- quantities are subject to the shipping imum gross weight of a limited quan- from specification packaging. The ment as a consumer commodity" is in paper requirements in Subpart C of Part error. The U.S. Pharmacopela lists a num- 172. Each package must conform to gen- arts C and D of Part 172 require ship- package is 66 pounds. In addition, bet of materials that, in undiluted form. eral packaging requirements contained in may not be drugs or medicines. Therefore, $5173.24 and 173.24a, and may not o be properly marked. papers to be prepared and the pack- the statement should be revised to read exceed 30 kg (66 pounds) gross weight. "any drug or medicine listed in the U.S. In addition, the package must be properly Pharmacopeia would be eligible for ship- marked in accordance with Subpart D of tol/water blend wipes would be: basic shipping description for the ment as a consumer commodity." Part 172, • (Isopropanol), 4.1, UN 3175, PG II" solids containing flammable liguids, I trust this satisfies your inquiry. If we can I hope this information Is helpful. If we be of further assistance. please conract us. can be of further assistance, please feel ha/coluene blend wipes would be: basic shipping description for the free to contact us. Sincerely, ¡olids containing flammable liquids, Sincerely, • (naptha, toltene), 4.1, UN 3175, PG Edward T. Mazzullo Director, Hattie L. Mitchell, Chief ur wipes are packaged and distributed Office of Hazardous Materials Standards Office of Hazardous Materials Standards Exemptions and Regulations Termination form intended or suitable for sale igh retail outlets for personal or § 173.154 ehold use, the wipes may be re-clas- § 173.164 I to "Consumer Commodity", ORM-D ral, as defined in $ 171.8. November 30, 1995 September 28, 1994 se this answers your inquiry. If you This is in response to your October 4, additional assistance, do not hesitate 1995 letter and subsequent relephone This is in response to your letter dared ntact us. conversacion with Ms. Jenniler Antonielli August 17, 1994, concerning the limited of my staff concerning the labeling quantity provisions for a material rely. regulrements for limited quantities of described as a "Corrosive liquid, n.o.s. Class 8, Packing Group Ill materials con- (contains sodium hydroxide), 8, UN1760, er F. Billings tained in 49 CFR 173.154. You also stated PG III, LTD QTY". You requested clarifica- : Regilations Development your understanding is that a material, tion on whether your product is excepted : of Hazardous Materials Regulations when excepted from labeling, is not con- from labeling, placarding and specification sidered a hazardous material under the packaging requirements when packaged Copyrighl 1897 Packaging Research Internations, inc. HAZA Poker RiDer 109#