{"operation":"document","citation":"02-0183","title":"Exotherm Technology, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-08-28","effective_on":null,"summary":"02-0183 response to Exotherm Technology, Inc. concerning 173.124.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0183.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0183.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0183","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020183.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\npecial Program\nIdministratio:\nAUG 28 2002\nMr. Robert W. Stephens\nExotherm Technology, Inc.\nVice President of Operations\nReference No. 02-0183\n5544 Riverton Court\nPlano, TX 75093\nDear Mr. Stephens:\nThis is in response to your June 24, 2002 letter and recent telephone conversations with Eileen:;\nEdmonson of my staff concerning whether your company's product, a fish attractant pellet,\nwould be subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nYou state each pellet weighs 10 grains (.648 grams) and is composed of 0.26 grams of\nmagnesium. You state 8 pellets are hermetically sealed individually onto a\nbag, and further packed in an outer fiberboard box. The outer fiberboard box will contain 100\npolyethylene/aluminum foil blister packaging that is packed inside a re-sealable polyethylene\nre-scalable bags.\nBased on the information you provided, it is our determination that the fish attractant pellet is in\na quantity and form that does not pose a hazard in transportation and, therefore, is not subject to\nthe HMR, regardless of the number of fish attractant pellets contained in one outer package.\nHowever, this determination does not apply to fish attractant pellets shipped in another type of\npackaging or those containing more than 0.26 grams of magnesium.\nI hope this satisfies your request. If we can be of further assistance, please contact us.\nSincerely,\nThattiz, Mitchell\nfor\nEdward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n173.124\n020183\n\n<<<PAGE 2>>>\n\nEdmonson\nJune 24, 2002\n8/73..124\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n00 Seventh Street, S. W\nI.S. Department of Transportatio\nDefinitions\nWashington, D.C. 20590\n02-0183\nDear Sir:\nOver the past few years, our company has been in the process of developing a novel FISH\nmovement when inserted into a plastic fishing tube. The associated noise and movement are initiated\nATTRACTANT PELLET utilizing the attributes of a magnesium alloy to provide noise and\nthe serious sport fisherman and commercial success for our company. We filed for patent protection\nupon contact of the FISH ATTRACTANT PELLET with water and does, indeed, suggest benefit to\non 3/21/01 with U.S. Patent Application # 09/812,414.\nAs we approach the production phase with this new product, we need clarification of DOT\nrequirements for transport. Our FISH ATTRACTANT PELLET is composed of a magnesium alloy,\nmaterial is a provider of the flameless ration heater (FRED) used in military mcals ready to eat\nblended with a high and low density polyethylene with 15% salt added. Our supplier of basic\n(VIRE's) which have been previously discussed with your organization in relation to hazard class 4.3.\n(See attached.)\nOur FISH ATTRACTANT PELLET weighs only 10 grains (~700 per pound) and will be packaged\nunder humidity-controlled conditions. Each individual package will contain eight pellets and will be\ndouble sealed for shipment. (A similar package is included.)\ncompared to eight gram of magnesium in a single FRH, it seems reasonable that the FISH\nSince a package of eight FISH ATTRACTANT PELLETS have only two grams of magnesium\nATTRACTANT PELLETS pose significantly less risk as a \"dangerous when wet\" hazard than the\nFRH. It appears that your determination \"that a single FRH device, containing eight grams of\nnagnesium alloy or less packaged in a tough plastic envelope within an MIRE, is in quantity and forr\nRegulations (HMR), regardless of the number of MREs in a package\" could be prudently applied to\nhich does not pose a hazard in transportation and is not subject to the Hazardous Material\nthe FISH ATTRACTANT PELLET.\nI hereby request your interpretation and clarification on an urgent basis.\nBlet Hephers\nVice President of Operations\nRobert W. Stephens\nExotherm Technology, Inc. (ExoTech)\nPiano, Texas 75093\n5544 Riverton Court\nFax: 903.769.0618\nPhone: 903.769.0700\nEmail: ExoTech@att.net\n\n<<<PAGE 3>>>\n\nof Transportation\nUS Department\nSpecial Programs\nResearch and\nAdministration\nMAR I 8 1999\n8909 C Complex Drive\nNeal Langerman, Ph.D.\nRef. No. 98-0345\nSan Diego, CA 92123-1418\nDear Dr. Langerman:\nThis is in response to your letter and telephone conversations with a member of my staff regarding\nclarification of the requirements for shipping flameless ration heaters (FRE) in full pack (multiple)\nquantities or in single units as components of meals, ready-to-eat (MRE), and a previous letter dated\nfor the delay in responding and hope it has not caused any inconvenience.\nJuly 7, 1992 to the Department of Defense (DOD) concerning classification of these items. I apologize\nThe FRH is a device packaged in a tough plastic envelopc which, when water is added, generates heat\n•.. to warm a field ration. It is used in military meals, ready-to-eat (MRE), and each MRE includes one\nFRH. You indicated that the magnesium alloy contained in the FRH meets the definition of Division 4.3\n(Dangerous When Wet).\neight grams of magnesium alloy or less packaged-in a tough plastic envelope within an MRE, is in a\nBased on the information you provided, itis our determination that a single FRH device, containing\nquantity and form which does not pose a hazard in transportation and is not subject to the Hazardous\nMaterials Regulations (HMR), regardless of the number of MREs in a packages This determination\ndoes not apply to FRH devices shipped separately from MREs, or to FRH devices containing more\nthan eight grams of magnesium alloy, which must be shipped in conformance to the applicable\nrequirements of the HMR.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nDirector, Offiace of Hazardous\nMaterials Standards\n173.124 -","truncated":false,"body_characters":5811}