Diamond Products Company — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Research and APR 11 2003 400 Soventh St., S.W. Washington, D.C. 20590 special Programs Administration Mr. Thomas M. Sassor, Sr. Regulatory Compliance Coordinator Ref. No. 03-0015 Diamond Products Company P.O. Box 1777 Mango, Florida 33550 Dear Mr. Sassor: This responds to your January 9, 2003 letter requesting clarification on marking requirements for aerosol packagings containing Consumer Commodity, ORM-D, materials under §§ 173.306(a)(3) and 173.306(h) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your letter, you were advised that provisions in § 173.306(a)(3), require that each of the outside packagings containing your Consumer Commodity, ORM-D, aerosol material is required to be marked "Inside Containers Comply With Prescribed Regulations." It is your understanding that under § 173.306(h), no markings are required on the inner or outer packagings due to the special exceptions for shipments of aerosols in the ORM-D class. The exception in § 173.306(a)(3) is limited to aerosol containers not exceeding one liter capacity in which one or more gases are used to expel other material that is a liquid, paste, or powder. In order for your aerosol product to be renamed consumer commodity, and reclassed as ORM-D: (1) the product must meet the definition for consumer commodity in § 171.8; and (2) the product must conform to the packaging requirements in 173.306(h). As provided in § 173.306(h)(1), outside packagings containing aerosols reclassed as ORM-D are not required to be marked "Inside Containers Comply with Prescribed Regulations." As prescribed in § 173.306(a)(3)(ii), a specification DOT-2P must be used if the pressure in the container exceeds 140 psig at 130 F, but does not exceed 160 psig at 130 F. A specification DOT-2Q must be used if the pressure in the container exceeds a 160 psig at appropriate. 130 F. In this instance, these specification inner containers must be marked DOT-2P or DOT-2Q, as I hope this answers your inquiry. Sincerely, Yen in Fills Jelmer F. Billings Office of Hazardous Materials Standards Chief, Standards Development 173.306 030015 20500052#

Page 2DIAMOND Boothe PRODUCTS Value Through Partnership company § 173.306 Mango, Florida 33550 P.O. Box 1777 Markings Telephone: 813-681-4611, ext. 1314, FAX: 813-654-6707 Email: tsassor@diamondproducts.net 03-0015 January 9, 2003 United States Department of Transportation Director, Office of Hazardous Materials 400 7" Street SW Washington, DC 20590-001 Dear Madam or Sir, I contacted the US DOT Hazardous Material Info Center by phone on the morning of response from the DOT Representative, "Kurt": packagings because 49CFR Part 173.306 (a)(3) provides that when in a metal container for the sole purpose of expelling a nonpoisonous liquid, paste or a limited quantity which conforms to the provisions of 49 CFR Part prescribed regulations". However, 49 CFR Part 173.306 (h) goes on to say that 173.306(a)(1), 49 CFR Part 173.306(a)(3), o 49 CFR Part 173.306(b) and is a ORM-D and the outside packagings are not required to be marked "inside consumer commodity as defined in 49 CFR Part 171.8 may be reclassed as required on the inner or outer packagings due to the special exceptions for containers comply with prescribed regulations". Therefore, no markings are shipments of aerosols in the ORM-D class. in light of this development, I would ask that you please confirm "Kurt's" finding by holding consumer commodities reclassed as ORM-D. providing a formal interpretation of the marking requirements for aerosol packaging Best Regards, Diamond Products Company Thomas M. Sassor, Sr. Regulatory Compliance Coordinator#