{"operation":"document","citation":"02-0305","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":"2003-06-25","effective_on":null,"summary":"02-0305 response to Keller and Heckman LLP concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0305.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0305.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0305","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020305.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nMr. Michael F. Morrone\nJUN 25 2003\nRef. No.: 02-0305\nKeller and Heckman LLP\n1001 G. Street, N.W.\nSuite 500 West\nWashington, D.C. 20001\nDear Mr. Morrone:\nThis responds to your letter regarding applicability of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180) to your client's products, \"expanded polymeric microspheres\". These\nmicrospheres are marketed as Sovereign's Dualite® products and are used in a wide variety of\napplications, including automobile coatings, sporting equipment, and building materials. Subsequently,\ntest data was provided for these products.\nYou provided information, as follows:\nYour client's Dualite® products consists of flexible, ultra-low density thermoplastic\nhollow microsphere cores that have been filled with gas, approximately 1.5 percent by\nweight of volatile hydrocarbons (i.e., propane, isopentane, and/or isobutane), and\nsurface coated with calcium carbonate. The microspheres are expanded through\nheating during the manufacturing process. The microspheres are non-friable,\ncompressible, and flexible. Test data shows that these microspheres do not meet the\ndefinition for a Division 4.1 (flammable solid), and that the material is not combustible.\nThe calcium carbonate coating distinguishes Dualite® products from unexpanded and\nuncoated polymeric microspheres by eliminating the flame spread and dust explosion\nhazards.\nThe Dualite® products would be shipped in a sealed liner, inside a fiberboard box\n(4'X2'X2'). During transportation a small amount of flammable gas may be released,\nbut would not create a flammable mixture with air, and thus would not be forbidden in\naccordance with § 173.21. The solid Dualite® material would also not represent a\nflame spread/flammability hazard.\nYou stated that because the HMR does not define the term \"expandable\", except that information in\nitalics in the description specifies that such material produces \"evolving flammable vapor,\" it is unclear\nas to whether Sovereign's Dualite® products (i.e., ones that have been expanded, but some of which\ntheoretically undergo additional expansion) fall within the description \"Polymeric beads, expandable,\nClass 9, UN 2211, III,\" in the § 172.101 Hazardous Materials Table (§ 172.101 HMT).\n172.101\n020305\n\n<<<PAGE 2>>>\n\nThe test data provided indicates that certain of Sovereign's Dualite® products do not meet the\ndefinition in § 173.124 for a Division 4.1 (flammable solid) material, and if they do not meet any other\nhazard class definitions in Part 173, such products would not be subject to the HMR. However, the\ntest data does indicate that certain of these products (e.g., Micropearl, F46D1, F80SD1, and F82D)\ndo meet the Division 4.1 (flammable solid) definition in § 173.124, and are subject to the HMR and\nregulated for purposes of transportation in commerce.\nIn regards to a material described as \"Polymeric beads, expandable, Class 9, UN 2211, III,\" in the\n$ 172.101 HMT, a \"miscellaneous hazardous material\" (Class 9), as defined in § 173.140, is a material\nwhich presents a hazard during transportation but which does not meet the definition of any other\nhazard class. This includes: (1) Any material which has an anesthetic, noxious ox other similar property\nwhich could cause extreme annoyance or discomfort to a flight crew member so as to prevent correct\nperformance of assigned duties; or (2) Any material that is a hazardous substance, hazardous waste, or\nmarine pollutant as defined in § 171.8.\nThe microspheres most likely will meet the definition and description \"Polymeric beads, expandable,\nClass 9, UN 2211, II\" despite the word \"Expandable\". To get out of this entry, Sovereign needs to\nevaluate whether their material or product could evolve flammable gas. One way to evaluate is to\nconduct a \"head space\" test to see whether under certain transport conditions, \"flammable atmosphere\"\ncan be created.\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nDem Hillo\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n02244\n\n<<<PAGE 3>>>\n\nKELLER AND HECKMAN LLP\n1001 G STREET, N. W.\nSERVINO BUSINESS THROUGH LAW AND SCIENCE°\nEngrum\nWASHINGTON, D.C. 20001\nSUITE 500 WEST\nTEL. 202.434.4100\n8172.101\nFAx 202.434.4646\nWWW.KHLAW.COM\nApplicability\nWRITER'S DIRECT ACCESS\nNovember 22, 2002\n12-0305\nMichael F. Morron\nmorrone@khlaw.com\n202) 434-412\nResearch and Special Programs Administration\n.S. Department of Transportatic\nffice of Hazardous Materials Standards (DHM-1\n400 Seventh Street, S.W.\nWashington, D.C. 20590-0001\nRe: Request for Clarification - Dualite® Microsphere Products\nDear Sir or Madam:\npolymeric microspheres that are coated with calcium carbonate for use in a wide variety of\nOur client, Sovereign Speciality Chemicals, Inc. (Sovereign), manufactures expanded\nmiciationes, nukited at nubile caines, portin guquipso, and ani dinmaterials. These\nisobutane. The purpose of this letter is to request clarification of the applicability of the U.S.\nDepartment of Transportation's (DOT's) hazardous materials regulations to the shipment of\nSovereign's Dualite® products. More specifically, we are requesting confirmation that these\nproducts do not fit within the listing for \"Polymeric beads, expandable,\" UN 2211, found in 49\nregula 172,101 and are not otherwise subject to regulation under the DOT hazardous materials\nSovereign's Dualite® products consist of flexible, ultra-low density thermoplastic hollow\nmicrosphere cores that have been filled with gas (i.e., approximately 1.5 percent by weight of\npropane, isopentane, and/or isobutane) and surface coated with calcium carbonate. During the\nmanufacturing process, these microspheres are \"expanded\" through heating. The microspheres\n1\nWe discussed this issue with Ms. Hattie Mitchell of DOT's Office of Hazardous\nsues. After conferring with members of DOT's scientific staff, Ms. Mitchell suggested tha\nLaterials Standards during a recent telephone conversation regarding various classificatio\nbecause the referenced listing was vague, DOT would need to review a formal request for written\nclarification on the matter prior to offering any formal guidance on the applicability of the\nwould not be unreasonable to expect that DOT might agree that the material may be shipped as a\nnon-hazmat if it were packaged in airtight containers, assuming that the concentrations of gas are\nhazmat, we are submitting this letter.\nWASHINGTON, D.C.\nBRUSSELS\nSAN FRANCISCO\n\n<<<PAGE 4>>>\n\nResearch and Special Programs Administration\nNovember 22, 2002\nKELLER AND HECKMAN LIP\nPage 2\nare non-friable, compressible, and flexible. They are resilient and impart a variety of valuable\nproperties to end-use products, such as reduced weight and lower volatile organic compound\n(VOC) emissions.\nBased on test data and knowledge regarding the properties of the calcium carbonate\nmaterials do not fit within any of the DOT-specified hazard classes. In particular, the material\ncoated microspheres that comprise the Dualite® products, Sovereign believes that these\ndoes not meet the definition of a Division 4.1 flammable solid as verified by burn rate testing.\nFurthermore, Sovereign has commissioned testing of Dualite® using the Hartman Dust\nExplosibility method and has found that the material is a non-combustible dust. The unique, and\npolymeric microspheres by eliminating the flame spread and dust explosion hazards. Less clear\npatented, calcium carbonate coating distinguishes Dualite® from unexpanded and uncoated\nis whether the material should be shipped as Class 9, \"Polymeric beads, expandable.\" Because\n\"evolving flammable vapor\" with the corresponding listing, we are unclear as to whether\nthe DOT regulations fail to define the term \"expandable,\" other than by including the phrase\nmicrospheres, such as those that comprise the Dualite® products (i.e., ones that have been\nexpanded, but some of which could theoretically undergo additional expansion), fall within the\naforementioned listing and require shipment as a Class 9 material.\nAlthough the precise scope of the \"Polymeric beads, expandable\" listing is unclear under\nthe DOT's hazardous materials regulatory regime, the International Maritime Dangerous Goods\nCode (IMDG Code) clarifies that the \"Polymeric beads, expandable\" name applies to materials\nthat contain 5 to 8 percent of a volatile hydrocarbon that is predominantly pentane, and that\nrelease a small proportion of pentane to the atmosphere during storage. The Dualite® calcium\ncarbonate coated microspheres have already been expanded, and they contain only\napproximately 1.5 percent by weight of volatile hydrocarbons (isobutene, isopentane, and/or\npropane, as compared to pentane), well below the 5 to 8 percent range described in the IMDG\nCode.\n(approximately 4 ft. x 2 ft. x 2 ft.). Due to the low volatile hydrocarbon content of the material\nSovereign desires to ship the Dualite® products in a sealed liner, inside a fiberboard box\nproducts are not subject to regulation as Class 9 or any other hazard class material under the\nand using the IMDG Code definition as a reference, Sovereign believes that its Dualite®\nDOT hazardous materials regulations. Although there is the potential that a small quantity of\nflammable gas may be released from the material during the course of a particular shipment, we\neleased would be so small that it would not create a flammable mixture with air, and as a resul\nelieve that given the small amount of flammable gas present in the microspheres, the quantit!\nwould not be forbidden from transport by 49 C.F.R. § 173.21(g). In addition, and unlike\nunexpanded polymeric microspheres, the solid Dualite® material would not represent a flame\nspread /flammability hazard\n\n<<<PAGE 5>>>\n\nResearch and Special Programs Administration\nPage 3\nNovember 22, 2002\nKELLER AND HECKMAN LIe\nPlease advise whether you agree that Sovereign's Dualite products, as described, are not\nsubject to regulation as a Class 9 or any other hazard class material. Should you have any\nquestions or require further information, please do not hesitate to contact us. We look forward to\nreceiving your response as soon as possible, so that Sovereign and its customers may ship these\nproducts accordingly.\nSincerely,\nMichael F. Morrone\nS: 3901","truncated":false,"body_characters":10403}