{"operation":"document","citation":"04-0013","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":"2004-02-13","effective_on":null,"summary":"04-0013 response to Keller and Heckman LLP concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0013","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040013.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nSpecial Programs\nResearch and\nWashington, D.C. 20590\n400 Seventh St., S.W.\nAdministration\nFEB 13 2004\nMr. Michael F. Morrone\nKeller and Heckman LLP\nRef. No.\n04-0013\nWashington, D.C.\n1001 G St., N.W., Suite 500 West\n20001\nDear Mr. Morone:\nclarification regarding the applicability of the materials of\nThis is in response to your January 13, 2004 letter requesting\n49 CFR Parts 171-180). Specifically, you ask us to confirm your\ntrade exceptions under the Hazardous Materials Regulations (HMR;\nunderstanding that your client's (Selective Micro Technologies)\nfor transportation and transported under the materials of trade\ncleaning products, as described in your letter, may be. offered\nrequirements in § 173.6 are met. Your requested confidential\nYou state that all applicable\ngranted.\ntreatment for certain information contained in your letter is\nexceptions and\nYour understanding of the requirements for the materials of trade\nthe provisions\nBased on the information you submitted, we agree that\naddressing forbidden materials is\nyour client's cleaning products may be offered for transportation\n173.6. To identify the material as being less hazardous than in\nand transported under the materials of trade exceptions in 49 CFR\na more concentrated form, you may want to consider including the\nproper shipping name. Your unabridged letter and drawings are\nenclosed.\nquestions, please do not hesitate\nI hope this information is helpful.\nto contact this office.\nIf you have additional\nSincerely,\nHothe Z. Mithell\nRegulatory Review and Reinvention\nHattie I. Mitchell, Chief\nOffice of Hazardous Materials Standards\nEnclosures\n1310\n040013\n\n<<<PAGE 2>>>\n\nKELLER AND HECKMAN ILP\nJanuary 13, 2004\nMichael F. Morrone\n(202) 434-4124\nResearch and Special Programs Administration\nmorrone@khlaw.con\nOffice of Hazardous Materials Standards (DHM-10)\nU.S. Department of Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590-0001\nRe:\nSelective Micro Technologies - Request for Clarification of Applicability of\n0199 Issued November 14, 2003\nMaterials of Trade Exception; Follow up to Letter of Interpretation Ref. No. 03-\nDear Sir or Madam:\nseveral\nOur client, Selective Micro Technologies LLC (SELECTIVE MICRO), manufactures\nequest for clarification, the Office of Hazardous Materials Standards, U.S. Department o1\ncleaning products. In response to our August 5, 2003, written\nransportation (DOT) recently issued a letter confirming that these products may be shippe\nunder the DOT's small quantity exception.' We now request further guidance regarding the\napplicability of the DOT's materials of trade exception, 49 C.F.R. § 173.6, to certain of these\nconfirmation that SELECTIVE MICRO's.\nproducts to hat SELECTing Professioner similar prolat, were best sported\nunder the materials of trade exception when prepared in the manner described herein.\nProduct Description\ncleaning products that\nAs described in our August 5, 2003, letter, SELECTIVE MICRO manufactures several\nThe DOT has confirmed that these products may\n0199 (Attachment 1) and August 5, 2003, Letter from Michael F. Morrone to Research and\nSee November 14, 2003, Letter from Hattie Mitchell to Michael Morrone, Ref. No. 03-\nSpecial Programs Administration, Office of Hazardous Materials Standards (DHM-10)\nQuantity Exception.\nRegarding Selective Micro Technologies - Request for Clarification of Applicability of Small\n2\n\n<<<PAGE 3>>>\n\nResearch and Special Programs Administration\nJanuary 13, 2004\nKELLER AND HECKMAN ILP\nPage 2\nbe offered for transportation and transported under the small quantity exception, 49 C.F.R. §\nmaterial of trade.\n173.4. This present letter concerns the transport of SELECTIVE MICRO's\nproduct, as a\nSELECTIVE MICRO's!\n_product contains a proprietary device within a two-liter\nBOPP) and linear low-density polyethylene (LLDPE). The pouch is 8 mils thick.\nouch constructed of metalized bi-axially oriented polypropylene with a foil layer attache\nThe envelope is heat-sealed and then secured within the BOPP/LLDPE pouch. The pouch,\nwhich is constructed with a polypropylene spout, tamper-evident seal and screw-on cap, is heat-\nsealed. To use the product, the tamper-evident seal is removed; the pouch is then filled with\napproximately two liters of water and the cap screwed closed.\nTo address these and other site-specific cleaning needs, SELECTIVE MICRO\n3\n4\nSee Figures 1 and 2 in Attachment 2.\n\n<<<PAGE 4>>>\n\nResearch and Special Programs Administration\nKELLER AND HECKMAN LIP\nSage ry 13, 2004\nThe HDPE container then will be sealed with a child-resistant,\ntamper-evident sealing mechanism comprised of a leak-tight screw cover and locking latch. The\ngross weight of the entire assembly will be no more than 25 pounds.\nPrior to departing on service calls, the service technician(s) will place the HDPE\ncontainer will be secured in the vehicle using shock cords or a comparable method to prevent any\nproducts in their motor vehicle (e.g., service van). The HDPE\nmovement during transport.\nDuring transport, thei\nto arrive at a customer's facility with the cleaning solution ready to use so that the dirty\nThe goal is for the service technician\nequipment/instruments/etc. can be cleaned and disinfected without delay.\nseal any pouches with unused cleaning solution and return these pouches to the HDPE container\nAfter finishing cleaning operations at a customer's facility, the service technician will re-\nin the transport vehicle. Depending on a particular day's schedule, the service technician may\npouches will be removed from the transport vehicle and disposed of or stored in accordance with\ntravel to additional customer sites and perform similar operations. At the end of the day, all\nproduct label instructions.\nClassification of Filled Pouches\nWe understand,\nthough, that 49 C.F.R. § 172.101(d)(1) provides that the prohibition against shipping a forbidden\nMassed decod apply if the mazaid itali ded, tabs in 9C... Part 1 3. As viscused is\nbelow, we believe that the small quantity of\nwill be sufficiently dilute to render the forbidden status inapplicable.\n\n<<<PAGE 5>>>\n\nResearch and Special Programs Administration\nJanuary 13, 2004\nKELLER AND HECKMAN LIP\nPage 4\ntrictly limits the amount of\nThe small quantity\npresent in each pouch\nBy design,\nMaterial of Trade Exception\nDOT's definition of a material of trade encompasses hazmats that are carried on a motor\nvehicle by a private motor carrier in direct support of a principal business that is other than\nSELECTIVE MICRO's\ntransportation by motor vehicle. 49 C.F.R. § 171.8. We believe that the transport of\ndefinition of a material of trade in that the transport is by private motor carriage\nproduct by protessional service technicians fits within the\nin support of a business\nthat is other than\ntransportation of hazmats.\nWe are requesting confirmation that parties who transport SELECTIVE MICRO's |\nproduct in the manner described herein will be entitled to relief under the materials of trade\nare being met:\nexception. In support of this request, we note that all of the criteria listed in 49 C.F.R. § 173.6\n• Per § 173.6(a)(1), the material fits within the listed hazard classes/divisions and is less\nthan the corresponding quantity limits. More specifically, the material fits within\ncontain\nFurthermore, because each pouch will\nwhich is well below the regulatory limit of 30 liters.\n\n<<<PAGE 6>>>\n\nResearch and Special Programs Administration\nPage 5\nJanuary 13, 2004\nKELLER AND HECKMAN ILP\n• Per § 173.6(b), the\nare leak-tight and packaged in a sealed, insulated\nHDPE container that is stowed securely in the transport vehicle to provide added\nprotection against damage.\n• Per § 173.6(c)(1), the HDPE container will be marked with the common name of the\nmaterial as follows:\n• Per § 173.6(c)(4), the service technicians who operate the motor vehicles used to\ntransport the products will be informed they are transporting a hazmat and of the\nrequirements of 49 C.F.R. § 173.6.\n• Per § 173.6(d), the aggregate gross weight of all materials of trade present in the service\ntechnician's vehicle will not exceed 440 pounds. The maximum gross weight of the\nroducts when packaged in the manner described herein will be more than an order o\nnagnitude less than the specified limit.\nPlease advise whether you agree that SELECTIVE MICRO's\ntransported as described herein, qualifies for the materials of trade exception. Should you have\nproduct, when\nany questions or require further information, please do not hesitate to contact us. We look\nforward to receiving your response as soon as possible so that SELECTIVE MICRO's customers\nmay transport the product accordingly.\nSincerely,\nMilault. Mono\nMichael F. Morrone\nAttachments:\n1.\nNovember 14, 2003, Letter of Interpretation, Ref. No. 03-0199\n2.\n5","truncated":false,"body_characters":8785}