Zee Medical, Inc. — Hazardous Materials Safety Interpretation

Page 1Transportatic S. Departmer 400 Seventh St., S.W. Washington, D.C. 20590 Research and pecial Program: dministratior MAY 15 2002 Mr. Kevin Lloyd Director, Regulatory Affairs Reference No. 02-0115 22 Corporate Park Zee Medical, Inc. Irvine, CA 92606 Dear Mr. Lloyd: This is in response to your April 16, 2002 letter requesting a clarification of the phrase " no free liquid" as used in Special Provision 47 of § 172.102 of the Hazardous Materials Regulations (49 CFR Parts 171-180). You stated your product is sealed inner packets, cach containing a towelette absorbed with 6 ml of a Class 3, Packing Group II, insect repellent solution. You also stated when the packets are cut open on one end and inverted for 5 minutes, open side down, no liquid comes out. However, if shaken hard, one or two drops may come out of the packets. The term "no free liquid" in Special Provision 47 describes the physical state when a liquid hazardous material is completely absorbed by a solid material such that no liquid is visible away Tom the solid material at the time the material is closed within the package. Therefore, your product is not subject to the regulations if, as you state, there is no free liquid in the packets I hope this information satisfies your inquiry. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 172.102 020115#

Page 2Ap. 16 02 12:54p zee medical p. 2 Edmonson $172.102(e)1) ZEE AMERICA'S WORKPLACE SP 47 SAFETY EXPERT.~ April 16, 2002 Classification 02-O115 Mr. Edward Mazzulo Director, Office of Hazardous Materials Srandards USDOT/RSPA (DHM10) 400 Seventh Street, S.W. Washington, DC 20590-0001 Dear Mr. Mazzulo: which provides an exemption for "small irner packagings consisting of sealed packets containing less We are requesting a letter of interpretation concerning 49 CFR 172.102 (c)(1), Special Provision 47, than 10 ml of a Class 3 liquid in Packing Group II or III absorbed onto a solid material ... provided there is no free liquid in the packet." We are planning to ship a product that we believe meets these requirements, however we need clarification on the "no free liquid" requirement. Our product is a packet containing a towelette and a small amount of a flammable liquid (Class 3, Packing Group II. When the packet is fully cut open on one end and inverted with the open side down for 5 minutes, no liquid comes out. If the packet is shaken hard, one or two drops may come cut of some of the packets. We would appreciate it if you could give us an interpretation on the "no free liquid" requirement. Thank you. Sincerely, Keen Plig Kevin Lloyd Director, Regulatory Affairs Irvine, CA 92606 Zee Medical, Inc. Zee Medical, Inc. A McKessonHBOC Company • 22: Corporate Park • Irvine, GA 92606 - (949) 252-9500 - Fax: (949) 252-9649#