{"operation":"document","citation":"01-0059","title":"Rapid Aid — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-05-04","effective_on":null,"summary":"01-0059 response to Rapid Aid concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0059.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0059.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0059","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010059.pdf","body":"<<<PAGE 1>>>\n\n•\nU.S. Department\nof Transportation\nWashington, D.C.\nMAY 4 2001\nMs. Judy Burtch\nDirector of Health and Safety\nRef. No. 01-0059\nRapid Aid\n1.3345 Laird Road\nMississauga, Ontario\nL5L 5R6 Canada\nDear Ms. Burtch:\nThis responds to your letter regarding consumer commodities\noffered for transportation by air under the U.S. Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180).\nYour\nquestions are paraphrased\nand answered as follows:\nQ1. Our company manufactures instant cold packs containing\ncold packs are shipped as part of a first aid kit that\napproximately two ounces of Ammonium nitrate, UN2072.\nThese\ncontain other non-hazardous components.\nbe renamed \"Consumer commodity\" and offered for\nMay first aid kits\ntransportation by aircraft?\nA1.\nThe answer is yes.\nA first aid kit containing a\nhazardous material, that is also a consumer commodity as\ndefined in\n§ 171.8, may be renamed \"Consumer commodity\",\nORM-D if: (1) an exception is shown for the hazardous\nmaterial in column (8A) of the § 172.101 Hazardous Materials\nTable; (2) the shipment is packaged as prescribed in the\nlimited quantity and consumer commodity provisions for the\nhazardous material; and (3) packagings for which retention\nof liquid is a basic function must be capable of\nwithstanding, without leakage, the internal pressure\naircraft.\n§ 173.27 (c) if offered for transportation by\nQ2. Transport Canada's TDG excepts ammonium nitrate\nfertilizers from regulation in quantities of less than 13.5\ntons when transported from the place of sale to the place of\nconsumption. Does the U.S. have a similar exception?\nA2.\nThe answer is No.\nBased on the classification provided\nfor your product, the HMR do not contain a similar exceptior\nfor\nammonium nitrate fertilizers. Furthermore, a material\ndesignated as a hazardous material under the HMR that is not\n113.22\n010059\n\n<<<PAGE 2>>>\n\nsubject to the requirements\nbe transported in the United States under the provisions of\nof the IDG Regulations may not\nthe TDG Regulations.\nSee\n§ 171.12a (b) (2) .\nI trust\nbe of\nfurther assistance.\nthis satisfies your inquiry. Please contact us if we can\nSincerely,\nHalte 2. mittele\nHattie L. Mitchell\nChief, Regulatory Review and Reivention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nUnI ALI GUUL\nuu.ur\nKAFLU ALU\nPAGE 01/06\n•\n1 - 3345 Laird Road\nPh (905) B20-4788\nRAPIRE\nMississaugo, Ontario\nL5L 5R6\nFox (905) 820-9226\nOrder Desk\nStevens\n1-800-265-3468\nE-mail\n$173.22\nsales@rapidaid.com\n'.\nThursday, February 22, 2001\nClass....\n-\n1\nDelmer F. Billings\n01-0059\nChief, Standards Development\nOffice of Hazardous Materials Standards\n400 Seventh Street S. W.\nWashington, D. C. 20590\n(202) 366-3012\nRapid Aid is a manufacturer of instant and Reusable Hot and Cold Therapy\nproducts. Our instant cold packs contain a dry chemical fill and a water ampoule.\nThe standard ratio is a 50:50 mixture of the two by weight. This single use piece\nof First Aid equipment is obviously a consumer commodity.\nhas arisen with regards to this classification. We are unsure if a First Aid Kit\nOur product is currently classified as an ORM-D for shipment by air. A question\ncontaining one of these cold packs (containing approximately 2 ounces of\nAmmonium Nitrate) should be classified in the same manner.\nOur research and development team have recently been working on an alternative\nto the Ammonium Nitrate (dry fill) that we are currently using.\nWe have developed an alternative fill and we would like clarification on the\nregulations with regards to this. The alternative is a chemical blend of 59%\nAmmonium Nitrate and 41% Limestone filler. Our supplier has assured us that\nIdentification Number or Packing Group.\nthe mixture is NOT REGULATED in Canada for Shipping Class/Division, Product\nThey do not however have soecific\ninformation with regards to U.S. DOT classification. Our new Instant Cold Pack\nwill contain approximately 35% Ammonium Nitrate by weight. I have attached a\ncopy of the MSDS for your convenience.\n25 Years of Service\n-\n\n<<<PAGE 4>>>\n\nKAPIL ALD\nPAGE 02/06\nPlease advise if there is indeed a U.S. DOT classification for this product and how\nour consumer commodity cold pack should be identified. Also if you could advise\nas to the question regarding the First Aid Kit classification it would be greatly\nappreciated.\nOur packs range in size from approximately 4 ounces to approximately 10 ounces.\napproximately 15 Ibs.\nThe maximum gross weight of any one corrugated carton of cold packs would be\nThank you in advance for your assistance in this matter. Should you have any\nquestions or conces; please do not hesitate to contact me.\nI look forward to discussing this matter with you in the very near future.\nJudy Burtch\nRapid Aid Ltd./Ltee\nDirector of Health & Safety\n1-800-COLDHOT","truncated":false,"body_characters":4756}