{"operation":"document","citation":"02-0256","title":"Keller and Heckman, LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-11-25","effective_on":null,"summary":"02-0256 response to Keller and Heckman, LLP concerning 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0256.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0256.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0256","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020256.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nResearch and\nof Transportation.\n400 Seventh St., S.W.\nNOV 25 2002\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nTerrence D. Jones, Esq.\nKeller and Heckman, LLP\nRef. No. 02-0256\n1001 G. Street, N.W..\nSuite 500 West\nWashington, DC 20001\nDear Mr. Jones:\nThis responds to your September 16, 2002 letter regarding the applicability of the small quantity\nexception in § 173.4 under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\nyour client's product. Your client, Tempra Technology, Inc. has developed a sealed ration heater\n(SRH) to provide a flameless means of heating individual meals. The SRH includes two hermetically\nsealed plastic pouches, each of which contains approximately 22.6 grams of a Division 5.1 (Oxidizer),\nPG II.\nIn your September letter, on behalf of Tempra Technology, you requested clarification of the\napplicability of the\"small quantity exception\" in § 173.4 to your client's product. Multiple units of a\nSRH with the meals will be shipped in a strong outside fiberboard box. The gross mass of the filled box\nwill not exceed 29 kg (64 pounds). The fiberboard box meets the drop and compressive load tests,\nand will be marked \"This package conforms to 49 CFR 173.4.\"\nThe hazardous material at issue, a Division 5.1 (Oxidizer), PG II, may be transported under the small\nquantity exception if it meets the quantity limits and packaging requirements in § 173.4. Based on the\ninformation you submitted, we agree that your client's SRH may be transported under the small quantity\nexception provided the quantity of the Division 5.1, PG II, oxidizer in the inner packaging is less than\n30 grams (1 ounce) and all other provisions of § 173.4 are met. Packing different or nonhazardous\nmaterial (e.g., the meal) in the same package is permitted provided it does not result in a violation of\n§ 173.21.\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n113.4\n020256\n: 20062200002\n\n<<<PAGE 2>>>\n\nKELLER AND HECKMAN LLP\nSERVING BUSINESS THROUGI LAW AND SCIENCE®\nWaITER's DIRECT ACCESS\nSeptember 16, 2002\nOffice of Hazardous Materials Standards (DHM-10)\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590-0001\nRe:\nTempra Technology Inc. - Request for Clarification of Applicability of Small\nQuantity Exception\nDear Sir or Madam:\n(SRH) that relies on the reaction between\nOur client, Tempra Technology Inc. (Tempra), has developed a sealed ration heater\nDivision 5.1, PG II, material) to provide a flameless means of heating individual meals. These\n(a\nSRHs are principally designed for use by the nation's military in the heating of Meals, Ready-to-\nEat (MREs). The purpose of this letter is to request clarification of the applicability of the U.S.\nto the shipment of Tempra's SRHs when packaged as described herein.-\nDepartment of Transportation's (DOT's) \"small quantity exception\" (SQE) (49 C.F.R. § 173.4)\nTempra's SRH consists of two hermetically sealed, plastic pouches that are connected\ntogether to form a two-plane assembly (see Attachment 1). Each SRH pouch contains an\noxidizer\nin one\ncompartment and a \"fuel\".\nin a second \"blister pouch\"\ncompartment. To activate the heater, the blister pouch must be ruptured; this action releases the\nsolution into the compartment that contains the\n. The\nwater slowly dissolves the\nto generate a slow, steady flow of heat. The\nserves to\napplicability of DOT's hazardous materials regulations to the shipment of the SRH products. Ir\nTempra has engaged in prior correspondence and discussions with DOT regarding the\nregulations, but noted that the \"MRE ration package, containing an individual food heater, may\nqualify for... the small quantity packaging exceptions in § 173.4.\" By the present letter, Tempra\nWASHINGTON. D.C.\nBRUSSELS\nSAN FRANCISCO\n\n<<<PAGE 3>>>\n\n•\n•\nOffice of Hazardous Materials Standards (DHM-10)\nSeptember 16, 2002\nKELLER AND HECHMAN IP\nPage 2\nmoderate the rate of reaction, since\nwill not dissolve in\n. To heat a MRE, the SRH assembly is activated and\nwill not react with water and\njacket.?\nthen folded around the pouch that contains the MRE entrée in a manner analogous to a book\nEach of the two SRH pouches contains approximately\n1 grams of the oxidizer material\nresistant and are constructed of\n¿ The pouches are tough and puncture-\nprotective outer layer. Attached to each SRH pouch is a small blister pouch that contains\nas a\netc.) in a hermetically sealed pouch constructed of\nEach SRH will be packaged with a MRE (e.g., drink mix, entrée, spread, bread substitute,\nThe\nSRH/MRE units will be shipped in fiberboard boxes. Each box will contain twelve units (i.e.,\ntwo rows of six).\nTempra and its customers desire to ship the SRH/MRE units in fiberboard boxes under\nthe DOT's SQE. Tempra believes that shipments of these products will satisfy the terms of the\nSQE [49 C.F.R. §§ 173.4(a)(1) to 173.4(a)(10)] in that:\n• The maximum quantity of material per inner receptacle is no more than 30\ngrams. The SRH is comprised of two pouches and each of these pouches\nserves as a separate inner receptacle containing l\n•\nEach pouch is constructed of\n. These tough, puncture-resistant pouches receive\nadditional protection from an outer pouch that is constructed of\nThis outer pouch encases the complete\nSRH/MRE unit.\n• The two inner pouches that contain the |\nwell as the outer pouch that contains the SRH and MRE, are hermetically\nas\nsealed to prevent any leakage during shipment.\n• Thei\nI pouches will be protected and cushioned\nduring shipment by folding the two-plane assembly over on itself (blister\nSee the photographs in Attachment 1\n\n<<<PAGE 4>>>\n\nOffice of Hazardous Materials Standards (DHM-10)\nSeptember 16, 2002\nKELLER AND HECKMAN LIP\nPage 3\npouches facing inward) and placing the various MRE items on either side\ncushioning for the SRH.\n•\nThe MRE/SRH products will be packaged in a strong outside packaging.\nbox with a bursting strength of 550 pounds. The boxes will measure 9.5\"\nThe products will be packaged in an ASTM D 5118 compliant fiberboard\n× 17\" x 10.5\" and contain an inner, fiberboard liner to afford the\nMRE/SRH products additional protection.\n• The fiberboard boxes containing the MRE/SRH units satisfy the \"drop\"\nand \"compressive load\" tests specified in 49 C.F.R. § 173.4(a)(6). Tempra\npackaging meets the requisite performance level.\nhas conducted the prescribed testing and a prototype of the proposed\nThe placement of the materials in the package will not result in a violation\nof 49 C.F.R. § 173.21. When activated, the\nThe oxidizer\npackaged in a separate, puncturé-resistant compartment from the\nelements of the MRE, which serve to protect the SRH from being\nand surrounded by various\nprematurely punctured and, in turn, activated during shipment. Even if the\npouches were somehow punctured during shipment and the\nwere able to mix and react, a dangerous\nthe\nquantity of heat would not be generated, as the\nwould serve to control the rate of reaction\nand thereby limit the evolution of heat to a slow, steady flow.\nFurthermore, the surrounding MRE entrées will be situated in such a\nmanner that they would absorb all of the heat generated by such a reaction.\n•\nPer § 173.4(a)(8), the gross mass of each package will not exceed 29\nkilograms (64 pounds). Tempra intends to ship approximately 12 units per\npackage (i.e., box). A typical SRH/MRE unit will weigh between\n\n<<<PAGE 5>>>\n\nOffice of Hazardous Materials Standards (DHM-10) •\nPage 4\nSeptember 16, 2002\nKELLER AND HECKMAN LIP\nThe package will not be opened or altered until it is no longer in\ncommerce. Each fiberboard box will remain sealed with packing tape\nuntil delivery is completed.\n• Each fiberboard box will bear the marking \"This package conforms to 49\nCFR 173.4.\"\npursuant to the terms of the SQE. Should you have any questions or require further information,\nPlease advise whether you agree that Tempra's products, as described, may be shipped\nplease do not hesitate to contact us. We look forward to receiving your response as soon as\npossible, so that Tempra and its U.S. military customers can ship the products accordingly.\nSincerely,\nподи\nAttachment\n1..","truncated":false,"body_characters":8301}