{"operation":"document","citation":"00-0288","title":"Currie Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-04-12","effective_on":null,"summary":"00-0288 response to Currie Associates, Inc. concerning 173.136.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0288.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0288.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0288","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000288.pdf","body":"<<<PAGE 1>>>\n\n•\nU.S. Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nSpecial Programs\nResearch and\nAdministration\nAPR 1 2 2001\nMr. Jack Currie\n• Currie Associates, Inc.\nRef. No. 00-0288\n1118 Bay Road\nLake George, NY 12845-4618\nDear Mr. Currie:\nThis is in response to your October 12, 2000, letter concerning the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to the material and packaging you describe as a\nsealed pod containing approximately one gram (0.174 gr to 1.2 gr) of potassium hydroxide, a Class 8,\nPacking Group II material. You are requesting that we make a determination, under § 173.136(b), that\nthis material is not subject to the HMR or to determine that the risk of this material due to packaging is\ntoo small to regulate.\nYou describe the packaging as consisting of the pod sandwiched between two plastic sheets which are\ncoated with absorbent material which, you state, would not allow any material to escape. The pod is\nattached to one of the two sheets and is only broken when a customer initiates a mechanical device\nWhich breaks the pod. At this point, the material is spread evenly across the sheets where it is\nabsorbed and neutralized. A stack of 8 to 10 of these sheet/pod combinations is stacked in a plastic\ncartridge, which in turn is then packaged in a hermetically sealed foil envelope. The foil envelope is then\npackaged in a fiberboard box. You ship approximately 50 to 60 of these packages in one shipping\ncase.\nIt is the opinion of this Office that the item described above is not a hazardous material and, therefore,\nis not subject to the HMR. This determination is made in accordance with § 173.136(b).\nI hope this satisfies your request,\nSincerely,\nHathe 2. mitthel\nfor Banand T. Mazulo\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 2>>>\n\n10-12-2000 2:46PM\nFROM\nP. 1\nJohnsen\n8 173.136 (b)\nCURRIE ASSOCIATES, INC.\nApplicability\nTHE GLOBAL COMPLIANCE PROFESȘIONALS .\n00-0288\nOctober 12, 2000\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nDHM-10\n400 Seventh St. S.W.\nWashington, DC 20590\nDear Mr. Mazzallo:\nOn behalf of a client of Currie Associates, Inc. I am requesting regulatory review and\nfollowing described articles.\ndetermination of applicability of 49 CFR, Part 173, Sub pat D,|$173.136 (b) in regard to the\n. The contents of the pod, averagung approxumarely 1 gram (0.174 gr. to 1.2 gr.) are then\nspread in a highly controlled manner between two rectangular plastic sheets both of which\nrectangular plastic sheeis, up to 5 muls thick, before and afier it is burst. There are 8 to 10 of\nthese unprocessed plastic sheet \"sandwiches\". stacked up in a plastic cartridge. Each\nonly after the mechanical devise is activated. .\nThe formula for the viscous fluid lists ingredients to incluce approximately 5% to 10%\nViscous tlld, If it were stupped by itselt as a packaged liquid in dommerce rather than as\nanouns a aer n regae caacaa saa aa a polymeric thickener. The caustic\ncomponent within the sandwich as described, meets the defining criteria in $173.137(b) for a\ncorrosive liquid, Class 8, in packing group II, attributable to the Porassium (and/or Sodium)\nHydroxide.\ntechnologies.\nThe ejection of the sandwich within which the viscous fluid is spread employs iwo different\nRECYCLED\n1.118 BAY ROAD.• LAKE GEORGE, NEW YORK 12845-4618 • TEL: (18) 761-0668 • FAX: (518) 792-7781\nhttp://www.currieassociates.com\nEmail: curric@netheaven.com\n\n<<<PAGE 3>>>\n\n110-12-2000 2:46PM\nFROM\nP. 2\nPage 2 of 3\nIn one contiguration the mechanical device which ejects the sandwich trom the cartridge is\nsheets, one of which is discarded. The sheet which the customer keeps by this time is nearly\ndry (le. the tluid largely has been absorbed) and the remaining fluid on the surface of the\ncoated sheet approaches neutral pH of approximately 7.\nIn the other configuration, the mechanical devise which ejects the sandwich from the\nartridge is operated by a battery-powered motor. Also, the sandwich is never separated by\nhe customer, and thus there is no exposure of any fluid, nd matter what the pH, to the\ncustomer:\nIn both technologies there is very litle danger of human exposure to the corrosive\nproperties of the caustic viscous fluid involved in the process.\nIn transportation the unprocessed \"sandwiches\"\n\", with the individual pod tirmly attached to\neach, is packaged within a plastic cartridge which is contained within an hermetically sealed\nfoil envelope, within a cardboard box. The cardboard boxes containing the envelopes\ncontaining the cartridges containing the \"sandwiches\" (to which are permanently affixed the\nsmall sealed pods), are packed approximately 50 to 60 per shipping case. Even if the\ncompleted packages as offered for transportation were to be severely damaged as the result\nof an accident, it is highly unlikely that there would be any release of the miniscule quantity\nof the viscous fluid within each package that would be considered harmtul. The multiple\nlevels ot packaging, including the inner-most pod, are designed to protect the viscous fluid in\nthe product trom release until it is subjected to the applied pressure from the mechanical\ndevice which ejects the sandwich from the cartridge.\nexistence in various forms for several years with no known transportation incident data to\nsupport controls over its distribucion. In fact, there appears to be less risk of exposure in its\n(unneutralized) viscous fluid within a pod attached to each sandwich. The developer is not\nMSUS) display warnung statements regarding ayolding eye contact with the caustic\nHazardous Substances or Marine Pollutants.\nIn communication with my clent, I have suggested that obvious sumularities are evident in\ncomparing this product with the interpretation issued by your office in January of 1991\nregarding towlettes that are presaturated with flammable liquid, with no discernible free\nliquid in the packaging, and thus do not pose a significant hazard in transportation. In that\ninterpretation you state that the packets are not subject to the hazardous material regulations.\n\n<<<PAGE 4>>>\n\n10-12-2000 2:47PM\nFROM\nP.3\nPage 3 of 3\nBased upon the above information, and the technical data entered into the MISDS for these\ntypes of \"sandwiches\",\n, It appears that the hazardous charactenstics presented by these\nproducts in transportation afford less opportunity for human or environmental exposure\nthat those presented through the recommended use of the product by the consumer. The\nprovisions of $173.136(b) seem to address the scenario at ifsue, since human experience and\nthe data provided regarding the minute quantities present in the sealed pods support the\nindication that the hazard of this material is less than the elements set out in §173.136(a).\nWe are therefore requesting that RSPA make a determination that these products are not\n' subject to the requirements of 49 CFR, Subchapter C.\n?\nPlease do not hesitate to contact me if additional date are required to assist you in assessing\nthe applicability of the regulations in 49 CFR to the subject products in question. Thank you\ntbe your prompt consideration of this matter as commercia, disgiburion may be impeded in\nSincerely,\nLuvrie\nJohn V. Curie\nPresident\n\n<<<PAGE 5>>>\n\nJohssen :\n10/13/00\n-\nCURRIE ASSOCIATES, INC.\nTHE GLOBAL COMPLIANCE PROFESSIONALS\nOctober 12, 2000\nMr. Edward T. Mazzullo\nDHM-10\nDirector, Office of Hazardous Materials Standards\n400 Seventh St. S.W.\nWashington, DC 20590\nDear Mr. Mazzullo:\nUn behalt ot a client ot Curre Associates, Inc. I am requesting regulatory review and\ndetermination of applicabılty of 49 CFR, Part 173, Sub part D, S173:136 (b) in regard to the\nMy client manufactures and distributes several consumer imaging products which differ\nslightly in their configuration but all of which store a highly viscous fluid in a sealed pod\nevaporation until the customer is ready to activate a mechanical device which bursts the pod\nThe contents of the pod, averaging approximately 1 gram (0.174 gr. to 1.2 gr.) are ther\nonly after the mechanical devise is activated.\namounts ot other non-regulated chemicals such as a polymeric thickener. The caustic\nviscous fluid, if it were shipped by itself as a packaged liquid in commerce rather than as a\ncomponent within the sandwich as described, meets the defining criteria in $173.137(b) for a\ncorrosive liquid, Class 8, in packing group II, attributable to the Potassium (and/or Sodium)\nHydroxide.\ntechnologies.\nThe ejection of the sandwich within which the viscous fluid is spread employs two different\nRECYCLED\n1118 BAY ROAD • LAKE GEORGE, NEW YORK 12845-4618 • TEL: (518) 761-0668 • FAX: (518) 792-7781\nhttp://www.currieassociates.com\nEmail: currie@netheaven.com\n\n<<<PAGE 6>>>\n\nPage 2 of 3\npowered by hand. I he customer then retains the processed sandwich external to the\nis being absorbed and neutralized within the sandwich (i.e. inaccessible to the customer). Ar\nthe end of the specitied time, the customer separates the sandwich into two rectangular\nsheets, one of which is discarded. The sheet which the customer keeps by this time is nearly\ndry (i.e. the fluid largely has been absorbed) and the remaining fluid on the surface of the\ncoated sheet approaches neutral pH of approximately 7.\nIn the other configuration, the mechanical devise which ejects the sandwich from the\ncartridge is operated by a battery-powered motor. Also, the sandwich is never separated by\nthe customer, and thus there is no exposure of any fluid, no matter what the pH, to the\ncustomer.\nIn both technologies there is very little danger of human exposure to the corrosive\nproperties of the caustic viscous fluid involved in the process.\nIn transportation the unprocessed \"sandwiches\"\n\" with the individual pod firmly attached to\neach, is packaged withun a plastic cartridge which is contained within an hermetically sealed\nToll envelope, within a cardboard box. The cardboard boxes containing the envelopes\ncontaining the cartridges containing the \"sandwiches\" (to which are permanently affixed the\nsmall sealed pods), are packed approximately 50 to 60 per shipping case. Even if the\nompleted packages as offered for transportation were to be severely damaged as the resul\nof an accident, it is highly unlikely that there would be any release of the miniscule quantit\nof the viscous tlud within each package that would be considered harmtul. The multiple\nlevels of packaging, including the inner-most pod, are designed to protect the viscous fluid in\nthe product from release until it is subjected to the applied pressure from the mechanical\ndevice which ejects the sandwich from the cartridge.\nThe product is distributed to and dispensed through all types of retail outlets such as drug\nand variety stores, specialty stores, and department stores. The technology has been in\nexistence in various forms for several years with no known transportation incident data to\nsupport controls over its distribution. In fact, there appears to be less risk of exposure in its\ntransportation than in its intended use. The packaging and the Material Safety Data Sheet\n(MSDS) display warning statements regarding avoiding eye contact with the caustic\n(unneutralized) viscous fluid within a pod attached to each sandwich. The developer is not\nknown to meet the definition of any other hazard class or to contain any CERCLÂ\nHazardous Substances or Marine Pollutants.\nIn communication with my client, I have suggested that obvious similarities are evident in\ncomparing this product with the interpretation issued by your ottice in January of 199.\nregarding towlettes that are presaturated with flammable liquid, with no discernible free\ninterpretation you state that the packets are not subject to the hazardous material regulations.\naquid in the packaging, and thus do not pose a significant hazard in transportation. In that\n\n<<<PAGE 7>>>\n\nPage 3 of 3\nBased upon the above information, and the technical data entered into the MSDS for these\ntypes of \"sandwiches\"\n', it appears that the hazardous characteristics presented by these\nproducts in transportation atford less opportunity for human or environmental exposure\nthat those presented through the recommended use of the product by the consumer. The\nprovisions ot $173.136(b) seem to address the scenario at issue, since human experience and\nthe data provided regarding the minute quantities present in the sealed pods support the\nindication that the hazard of this material is less than the elements set out in $173.136(a).\nsubject to the requirements of 49 CFR, Subchapter C.\nWe are theretore requesting that RSPA make a determination that these products are not\nPlease do not hesitate to contact me if additional date are required to assist you in assessing.\nto you abi here in i re to these produce in anion hand you\nSo burie\nJohn V. Currie\nPresident\n\n<<<PAGE 8>>>\n\nMATERIAL SAFETY DATA SHEET\nPOLAROID CORPORATION\nOFFICE OF HEALTH, SAFETY, & ENVIRONMENTAL AFFAIRS\n1265 MAIN STREET - WALTHAM, MA 02254\n(781) 386-0879\nData Sheet No. M-0628\nRevision VIII\nINFPA FIRE HAZARD SYMBOL\n4-Extremo\n2-Moderate\nHealth Reactivily\nCompiled by: E. Karger\nIssue Date: 08-JUN-1998\nHazards\n\"Special\n1-spnlicant\nSECTION I - PRODUCT AND COMPANY IDENTIFICATION\nCOMMON NAMES: DEVELOPER FLUID CONTAINED IN POD OF FILM TYPES 708, 778,\n779, 339, 600++, 309, 909, 600+, SPECTRA, IMAGE, 6000,\n7000, TIME ZERO, 330, 990, CAPTIVA 95, VISION 95, JOYCAM\n95, POCKET FILM, PLATINUM, EXTREME GLOSS FILM; ALTER\nIMAGE, MATTE,; MAT-I-E\nSECTION II - COMPOSITION/INFORMATION ON INGREDIENTS\nCHEMICAL FAMILY: MIXTURE\nINGREDIENTS\nwhich are considered not to be a hazard may not be included in the list of ingredients\nPlease note that chemicals present in the mixture in concentrations below 1%\nMaterial\n%\nMSDS# CAS#\nPL#/Comments\nPOTASSIUM HYDROXIDE\n5-10\n001310-58-3\n2-METHYLIMIDAZOLE\n0.10-1\n000693-98-1\nTITANIUM DIOXIDE\n30-60\n013463-67-7\nCOPOLYMER\nCARBOXYLATED STYRENE/BUTADIENE\n1-5\n009003-55-8\nP-TOLUENESULFINIC ACID, SODIUM\nSALT-HYDRATE\n0.10-1\n000824-79-3\n2-ETHYLIMIDAZOLE\n1-5\n001072-62-4\n\n<<<PAGE 9>>>\n\n:\n•\n•\nINGREDIENTS (CONT.)\nMaterial\nMSDS# CAS#\nPL#/Comments\n6-METHYLURACIL\n0.10-1\n000626-48-2\nWATER\n40-70\n007732-18-5\nSECTION III - HAZARDS IDENTIFICATION\nHazard Signal Word\nWARNING\nHazards\nCONTAINS ALKALI\nEye Contact May Cause Permanent Eye Damage.\nskin and Mouth Contact May Cause Irritation or Burns.\nPrecautionary Measures\nDo not get in eyes, on skin, mouth or clothing\nNash thoroughly after handling\nINGREDIENT EXPOSURE LIMITS\nPOTASSIUM HYDROXIDE\nACGIH\nOSHA Permissible Exposure Limit: PEL/TWA\nTLV/TWA\n2\nmg/m3\nmg/m3\n(ceiling)\n(celling)\nTITANIUM DIOXIDE\nOSHA Permissible Exposure Limit: PEL/IWA\nACGIH\nTLV/TWA\nmg/m3\nmg/m3\n(total dust) 5 mg/m3 (respirable fraction)\nP-TOLUENESULFINIC ACID, SODIUM SALT-HYDRATE\nOSHA Permissible Exposure Limit: PEL/TWA\nACGIH\nTLV/TWA\nNone established\nNot listed\n2-ETHYLIMIDAZOLE\nACGIH\nOSHA Permissible Exposure Limit: PEL/IWA\nNone established\nTLV/TWA\nNot listed\n6-METHYLURACIL\nACGIH\nOSHA Permissible Exposure Limit: PEL/INA\nTLV/TWA\nNone established\nNot listed\nTINE ZERO, 330, 990, CAPTIVA 95, VISION 95, JOYCAM 95, POCKET FILM, PLATINUM, EXTREME GLOSS FILM; ALTER IMAGE, MATTE,;\nDEVELOPER FLUID CONTAINED IN POD OF FILM TYPES 708, 778, 779, 339, 600++, 309, 909, 600+, SPECTRA, IMAGE, 6000, 7000,\nND = No Data\nNA = Not Applicable\nM-0628 Rev. VIlI /Page 2 of 6\n\n<<<PAGE 10>>>\n\nSECTION IV - FIRST AID MEASURES\nEYE CONTACT:\nfifteen minutes. Remove\nIn case of eye contact, immediately flush eyes with plenty of water for at least\nSeek Medical attention immediately.\nSKIN CONTACT:\nIn case of skin contact, flush affected area with plenty of water.\nORAL CONTACT:\nIn case of oral contact rinse mouth immediately with plenty of water. Drink water or\ninduce vomiting. Seek Medical attention immediately.\ncitrus juices to dilute or neutralize any alkali that may have been swallowed.\nDO NOT\nINGESTION:\nto do so by Medical personnel. Never give anything by mouth to an unconscious person.\nGet Medical attention immediately. If swallowed, do NOT induce vomiting unless directed\nNOTES TO PHYSICIAN\nProlonged contact with skin may produce alkali burns.\nSECTION V - FIRE FIGHTING MEASURES\nFlash Point:\n(Tag Closed Cup): Mixture will not burn.\nSECTION VI - ACCIDENTAL RELEASE MEASURES\nSECTION VII - HANDLING AND STORAGE\nNot Available\nSECTION VIII - EXPOSURE CONTROLS/PERSONAL PROTECTION\nRECOMMENDED VENTILATION:\nNot normally required.\nRESPIRATORY PROTECTION:\nNot normally required.\nEYE PROTECTION:\nNot normally required.\nSKIN PROTECTION:\nNot normally required.\nTIME ZERO, 330, 990, CAPTIVA 95, VISION 95, JOYCAM 95, POCKET FILM, PLATINUM, EXTREME GLOSS FILM; ALTER IMAGE, MATTE,;\nDEVELOPER FLUID CONTAINED IN POD OF FILM TYPES 708, 778, 779, 339, 600++, 309, 909, 600+, SPECTRA, IMAGE, 6000, 7000,\nNA = Not Applicable\nND = No Data\nM-0628\nRev. VIII /Page 3 of 6\n\n<<<PAGE 11>>>\n\n:\n•\nSECTION IX - PHYSICAL AND CHEMICAL PROPERTIES\nAppearance and Odor:\nCream, white, tan, grey or pink viscous fluid\nMelting Point:\nBoiling Point:\nSpecific Gravity(H2O=1):\n@ 760 mm Hg: 100 °C (212 F) (Water)\n% Solubility in Water:\n1.1\nVapor Density (AIR=1):\n@ 20°C:\ndilutable\nVapor Pressure:\n% Volatiles by volume:\nND\n85\n(approximate)\nEvaporation Rate:\n(BUTYL ACETATE=1) : <1\nPour Point:\n> 13 - Drops rapidly after processing\nViscosity:\nSoftening Point:\nND\nBulk Density:\nND\nLog Kow:\nSurface Tension:\nND\nND\nND\nSECTION X - STABILITY AND REACTIVITY\nHazardous Reactivity:\nMixture is considered stable.\nSECTION XI - TOXICOLOGICAL INFORMATION\nINHALATION:\nMay be an irritant\nSKIN CONTACT:\nCorrosive\nEYE:\nCorrosive\nINGESTION:\nCorrosive\nEas d aie re arapo ay ane pramet oye age. va eue urina eo akin and\nEffects of Chronic Overexposure:\nNone currently known.\nSECTION XII - ECOLOGICAL INFORMATION\nNot Available\nDEVELOPER FLUID CONTAINED IN POD OF FILM TYPES 708, 778, 779, 339, 600ł+, 309, 909, 600+, SPECTRA, IMAGE, 6000, 7000,\nTIME ZERO, 330, 990, CAPTIVA 95, VISION 95, JOYCAM 95, POCKET FILM, PLATINUM, EXTREME GLOSS FILM; ALTER IMAGE, MATTE,;\nND = No Data\nNA = Not Applicable\nM-0628 Rev. VIII /Page 4 of 6\n\n<<<PAGE 12>>>\n\nSECTION XIII - DISPOSAL CONSIDERATIONS\nProduct (film pack, picture) is not classified or regulated under U.S. federal law as\n\"RCRA Hazardous\" before or after processing.\nSECTION XIV - TRANSPORT INFORMATION\nOTHER D.O.T. INFORMATION\nFilm product not regulated\nSECTION XV - REGULATORY INFORMATION\nAll ingredients are listed on the TSCA inventory\nControlled Product Regulations (CPR) and the MSDS contains all the information required\nrhis product has been classified in accordance with the hazard criteria of the Canadiar\nby the CPR.\nSECTION XVI - OTHER INFORMATION\nAll ingredients are listed on the TSCĄ\nFilm conforms to ASTM D-4236\ninventory\nTIME ZERO, 330, 990, CAPTIVA 95, VISION 95, JOYCAM 95, POCKET FILM, PLATINUM, EXTREME GLOSS FILM; ALTER IMAGE, MATTE,;\nDEVELOPER FLUID CONTAINED IN POD OF FILM TYPES 708, 778, 779, 339, 600++, 309, 909, 600+, SPECTRA, IMAGE, 6000, 7000,\nNA = Not Applicable\nND = No Data\nM-0628\nRev. VIII /Page 5 of 6\n\n<<<PAGE 13>>>\n\nData Sheet No. M-0628\nRevision VIlI\nRevision Information\nRevised Sections Since Last Version:\nSection XV\nRegulatory Information\nREVISION DATE: 08-JUN-1998\nREPLACES SHEET DATED:\n11-MAY-1998\nCOMPLETED BY: Polaroid Corp. Office of Health, Safety, & Environmental Affairs\ninformation and tests believed to be reliable but suitability for any particular use should be confirmed by\nThis data is for guidance and is believed accurate as of the date of issue hereof. It is based upon\nthe user's own tests. The advice contained in this data sheet is given and accepted at the user's risk and\nPolaroid makes no guarantee of results and assumes no obligation or lability in connection herewith\nVIME ZERO, 330, 990, CAPTIVA 95, VISION 95, JOYCAM 95, POCKET FILM, PLATINUM, EXTREME GLOSS FILM; ALTER IMAGE, MATTE;\nDEVELOPER FLUID CONTAINED IN POD OF FILM TYPES 708, 778, 779, 339, 600++, 309, 909, 600+, SPECTRA, IMAGE, 6000, 7000,\nND = No Data\nNA = Not Applicable\nM-0628\nRev. VIlI /Page 6 of6\n\n<<<PAGE 14>>>\n\nData Sheet No. M-0628\nRevision VIII\nINFPA FIRE HAZARD SYMBOL\nDrum Label Information\n4-Extremo\nHealth Reactivity\n2-Moderato\nHAZARD SIGNAL WORD\nHazards\nSpeciat\nO-Insignifican\n1-Sligh\nWARNING\nHAZARDS\nEye Contact May Cause Permanent Eye Damage.\nCONTAINS ALKALI\nskin and Mouth Contact May Cause Irritation or Burns.\nPRECAUTIONARY MEASURES\nDo not get in eyes, on skin, mouth or clothing.\nWash thoroughly after handling\nEMERGENCY AND FIRST AID PROCEDURES\nn case of eye contact, immediately flush eyes with plenty of water for at leas\nifteen minutes. Remove contact lenses if worn. Seek Medical attention immediatel›\nIn case of skin contact, flush affected area with plenty of water.\nIn case of oral contact rinse mouth immediately with plenty of water.\ncitrus juices to dilute or neutralize any alkali that may have been swallowed.\nDrink water or\ninduce vomiting. Seek Medical attention immediately.\nGet Medical attention immediately. If swallowed, do NOT induce vomiting unless directed\nto do so by Medical personnel. Never give anything by mouth to an unconscious person.\nSPILL CONTROL:\nHandle film so as not to break developer pods prior to film development.\nSmall quantities of developer fluid may be wiped up with a damp paper towel using care\nto avoid any skin or eye contact.\nOTHER D.O.T. INFORMATION\nFilm product not regulated\n\n<<<PAGE 15>>>\n\n-\nU.S. Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nAdministrations\nJAN 2 3 2001\nMr. Lawrence W. Bierlein\n2175 K Street, NW\nWashington, DC 20037\nDear Mr. Bierlein:\nOn September 1, 2000, on behalf of Hewlett-Packard Company, you applied for an approval to\nship certain inkjet cartridges as unregulated materials. This is in response to your subsequent\nletter of January 5, 2001, enclosing results of certain steel corrosion tests and a comparative chart\non steel compositions.\nWe have reviewed that test data and chart, and conclude that the KO2400 steel tested is\nsufficiently \"similar to\" P3 and P235 steels, as that term is used in the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) and the United Nations Model Regulations on the\nTransport of Dangerous Goods, to be accepted for Class 8 classification purposes. We also\nconclude, based upon the 14-day test results you provided, that the ink in the Hewlett-Packard\ninkjet printer cartridges does not meet the definition of a corrosive material as set forth in 49\nCFR §§ 173.136 and 173.137, and in international regulations based upon Chapter 2.8 of the UN\nModel Regulations on the Transport of Dangerous Goods.\nAccordingly, because the ink is not regulated as a hazardous material, the approval you originally\nrequested is not necessary.\nSincerely,\nelmand 9. Marzullo\nidward I. Mazzullo, Direet\nOffice of Hazardous Materials Standards","truncated":false,"body_characters":22824}