Phil Vonderwell — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Research and Washington, D.C. 20590 special Program: Idministration OCT 1 2002 Mr. Phil Vonderwell Technical Consultan Reference No.: 02-0210 CS. Inc.-Ohio 950 Taylor Station Road, Suite M Gahanna, Ohio 43230 Dear Mr. Vonderwell: This is in response to your letter requesting clarification of the phrase "no free liquid" as used in Special Provision 47 of § 172.102 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your product consists of hermetically sealed packets, each containing less than 10 ml of a Class 3, PG II, material absorbed onto a solid material. You stated that each packet contains a small amount of free liquid. It is your understanding that the term "no free liquid" means that all liquid has to be absorbed. Your understanding is correct. The term "no free liquid" in Special Provision 47 describes the physical state when a liquid hazardous material is completely absorbed onto a solid material such that no liquid is visible away from the solid material at the time the material is closed within the package. Special Frovision 47 applies only to the proper shipping name "Solids, containing is inappropriate for your product; however, the packets may be shipped as a Class 3 material flammable liquid, 4.1, UN3175, II." Because of the free liquid in the packets, that shipping name under the small quantity exception in § 173.4. I trust this satisfies your inquiry. Sincerely, HotteR. mithel Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 172,102 020210#

Page 2Lease of Outine 9 / 1 a • Service 1992 - 2002 Augual 15, 2002 Corbin Director Office of Hazardous Materials Standards 3172.102 US DOT / RSPA 400 7th Street Southwest SP 47 Washington D.C. 20590 DHM-10 Attn: Edward Mazzullo Applicability RE: Spocial Provision 47 Interprotation 02 - 0210 Dear Mazzullo, This letter serves as a request to receive a written interpretation and confirmation from RSPA regarding Special Provision 47 and the term "no free liquid." Special Provision 47 states: (47) Mixtures of solids which are not subject to this subchapter and flammable liquids may be transported under this entry without first applying the classification criteria of Division 4.1, provided there is no free liquid visible at the time the material is loaded or at the time the packaging or transport unit is closed. Each test at the Packing Group I level. Small inner packagings consisting of sealed packeging must correspond to a design type that has passed a leakproofness absorbed onto a solid material are not subject to this subchapter provided there packets containing less than 10mL of a Class 3 liquid in Packing Group I or Ill is no free liquid in the packet. RCS, Inc. understands "no free liquid" to mean just that: all liquid is absorbed. The situation in question is the following: A Class 3 hazardous material in Packing Group II meeting the provisions of the smail quantity exception (49 CFR 173.4) is packaged in quantities of less than 10 mL, thus meeting the quantity limitation required under the last sentence of Special Provision 47. The materials are also hermetically sealed in packets and absorbed onto solid material. However, the packaging contains a small amount of free liquid. will mean that this material can not be transported under Special Provision 47. RCS believes, and requests written confirmation, that any amount of free liquid Please review and respond with a letter at your earliest convenience to the following address:#

Page 3• Phil Vonderwell Technical Consultant ROS, Inc. - Ohio 950 Tayior Station Road Suite M Gahanna, Ohio 43230 If you have any further questions or require further information, please do not hesitate lo contact me at (614) 552-8530 ext. 32. Thank you for your help and cooperation. Technical Consultant Phil Vonderwell RCS, inc. - Ohio#