Valspar — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration JUN 2 4 2004 Mr. Eric Barcaskey Ref. No. 04-0128 Hazardous Materials Transport Compliance Valspar 1101 South Third Street Minneapolis, MN 55415 Dear Mr. Barcaskey: for consumer commodities under § 173.25(b) of the Hazardous Materials Regulations (HMR; This responds to your June 1, 2004 letter requesting clarification on packaging requirements 49 CFR Parts 171-180). Specifically, you ask whether your method of aerosol packaging stretch wrapped to a pallet as provided in your enclosed photograph meets the requirements of § 173.25(b). According to your letter, you ship aerosol cans that may contain materials that meet either Class 3 and or Division 6.1 under the HMR. You state that your products also meet the defining criteria in Part 173 for a limited quantity and consumer commodity under §§ 173.306(a)(3), 173.306(h) and 171.8. You ask if your proposed aerosol packaging meets the requirements of § 173.25(b). In addition, you ask if there is a weight limit for these packages stretch wrapped to a pallet. It is the opinion of this Office that your proposed aerosol packaging does meet the requirements of § 173.25(b). Section 173.25 (b) does not specify a weight limit for such packages stretch wrapped to a pallet. I hope this answers your inquiry. Sincerely, (Chief, Standards Development Office of Hazardous Materials Standards 040128 173.25#

Page 206/01/2004 11:22 FAX 612 375 7393 VALSPAR CORPORATION 4002/003 Boothe Yalspar 3173.25 1101 South Third Street Minneapolis, MN 55415 ORM-D June 1, 2004 04-0128 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/RSPA (DHM-10) 400 7th Street S.W. Washington, D.C. 20590-0001 Regulation: 49CFR §173.25 (b) Dear Mr. Mazzullo, The Valspar Corporation, a global producer of paints and coatings respectfully submits this request for interpretation of a packaging schema for Aerosol cans by highway transportation. The attached photo of six packaged aerosol cans generally describes the proposed packaging. The aerosol cans may contain materials that meet UN1263 (Class 3), or may contain materials of both UN1263 and Division 6.1 Packing Group III, with a flammable propellant. All of these are candidates for Consumer Commodily/ORM-D per 173.306 (a)(3) and 173.306 (h). Q.1) Does the attached packagec product, subject to the 20 kg (44 Ib) gross weight, meet the provisions of 49CFR 173.25 (b)? Q. 2) If the above answer is yes, is there a weight limit for a pallet of product, stretch-wrapped to the pallet? Thank you for your interest in this matter; we look forward to your written reply but may also begin shipment basec on your verbal reply. Please do not hes tate to contact me with any questions. Thank you in advance for your guidance. Eric Barcaskey Hazardous Materials Transport Compliance (612) 375-7930 phone (612) 375-7393 fax cbarcaskey@yalspar.com Copy sent by email and fax.#