{"operation":"document","citation":"04-0189","title":"Retrotec Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-11-09","effective_on":null,"summary":"04-0189 response to Retrotec Inc. concerning 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0189.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0189.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0189","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040189.pdf","body":"<<<PAGE 1>>>\n\n.S. Departmen\nf Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch anci\nAdministration\nNOV - 9 2001\nMr. Carl Piehl\nRef No.: 04-0189\nProduction Manager\nRetrotec Inc.\n2200 Queen St., #12\nBellingham, WA 98226\nDear Mr. Piehl:\nThis is in response to your letter dated August 12, 2004 requesting clarification of the small\nquantity exception found in § 173.4 of the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Specifically, you ask if you can place 25 air current testers each containing\n10 ml of \"Titanium tetrachloride, UN1838, 8, (6.1), PG II\" in a outer packaging and ship the\ncompleted package as a small quantity under § 173.4. Additionally, you state that you would\nlike to ship your titanium tetrachloride by air under exemption DOT-E 6971.\n\"Titanium tetrachloride, UN1838, 8, (6.1), PG II\" meets the definition of a Division 6.1, PG\nI, Zone B material. Therefore, you cannot place 25 air current testers each containing 10 ml\nsmall quantity exception found in § 173.4. In accordance with § 173.4(a)(1)(iii), the\nof titanium tetrachloride in an outer packaging and ship the completed package under the\nmaximum quantity of \"Titanium tetrachloride, UN1838, 8, (6.1), PG II\" per inner receptacle\nor article is limited to 1g (0.04 ounces).\nTo request party status to exemption DOT-E 6971 you must submit your application to the\nAssociate Administrator for Hazardous Materials Safety in accordance with § 107.107.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nEila 27. Mozulle\nEdward T. Mazzullo\nDirector, Ofice of Hazardous\nMaterials Standards\n040189\n173.4\n\n<<<PAGE 2>>>\n\n220o achen St. #12, Bellingham, WA 98226 (350) 738-9935 Fax 647-7720.\nretroter\ndow instrument manufacturer since 1980.\nmisi, Commercial, Soientific and Residential applications worldwide\nSupko\nTo: Edward Mazzullo\n5.13.4\n•\nSmall Quantity\nRe: Reques: for letter of determination on the Retrotec Air Current Tester\nExceptions\nWe would like to have a written determination from DOT concerning the small quantity 04-0189\nexemption for 10ml of Titanium Tetrachloride (TiCl4) for ground and air shipments.\nGound shiprnents\nquantity exemption because the product falls into a pack group \"I'\". However, Cameron\nWe have been told by Arthur Poilack at the DOT thai we can ship 10ml of TiCis using the smail\nprovision\"2\". A competitor E V Hill Company has been shipping 2ml & 4ml under the small\nSetterthwaite at the DOT has stated that we can ship only 1g (0.6ml) of TiC 4 because of Special\nmeetings with DOT to make sure that they are in line. Please clarify if Retrotec Inc can ship\nquantity exemption for a long time and we have been informed that they have had extensive\n10ml packets of TiCla by ground under the same small quantity exemption.\nAir shipments\nProtocol Analytical (our supplier) has acquired a special exemption DOT-E 6971 for shipping on\nInc can ship by air also.\nairplanes. We would like to find out how to be certified under this exemption so that Retrotec\nChart 49cf172. 101 seems clear that Titanium Tetrachloride is \"hazard code: 8, ID#UN1838,\npackage grp: II, Label Code:8, 6.1, with a host of special provisions and forbidden on any\n• confusing which, we suspect, is why we can't get a consistent answer.\naircraft. But when we start looking at small quantity exemptions it gets very complicated and\ncontained throughout the entire shipping cycle. Each Air Current Tester has a 10m! hermetically\nWe believe we have more than enough measures in place to ensure that the chemical remains\nthey are leak proof. Each vial is wrapped in enough absorbent fiberglass and cotton to soak up\nsealed glass vial of Titanium Tetrachloride packed inside. The vials are melted shut to ensure\nall the liquid in the vial. This wrapped vial is then packed inside a Teflon tube that is\nmechanically sealed with rubber stoppers. Then the Teflon tube is packed inside a PVC pipe\nwhich mechanically sealed with plastic stoppers and tape. The pipe has shock absorbing\nmaterial inside along with MSDS, instructions and spare parts. These PVC pipes are then\nboxed for shipping with about 2\" of absorbent packing material in the box. We have\nsuccessfully tested the package to comply with 49cfr172.4 package group II standards.\nThe glass vial can only be broken when ready for use by folding the tester in the middle. This\nfolding is prevented in shipping by the PVC pipe. The user must remove the tester to charge it\nwith the liquid Titanium Tetrachloride from the vial. We have been manufacturing this tester for\nover 24 years without incident and during that time have made over 100,000 air current testers\nwithout any shipping incidents. Over that period we have constantly improved the safety of the\nproduct.\nDocument2\nPage 1 of 2\n\n<<<PAGE 3>>>\n\nmust be removed and the tube repeatedly squeezed to get small amounts of fine particulate to\nThe tester is completely inactive until the vial is broken and then the cap on the Teflon tube\ncome out that acts to identify air current movement.\nWe wish to be able to ship 25 testers in a box with each tester containing 10ml of Titanium\nTetrachloride by ground.\nWe would also like to be able to ship them by air. If required for air shipments, we could go the\nextra step of sealing the device in a plastic/foil pouch as defined in DOT-E 6971 and/or limit the\nquantity per package to whatever level you determine appropriate.\nYour help in this matter is essential to sustaining our active and useful business of providing\nfor your assistance and consideration in this matter.\ndiagnostic tcols to the international energy and fire suppression trades. We would be grateful\nYours Truly, Carl Pieht,\nCarl Till\nProduction Nigr.\nPhone 360-738-9835 ext 306\nRetrotec Inc.\nFax\n360-647-7724\nEmail\ncpieh @retrotec.com\nDocument2\nPage 2 of 2","truncated":false,"body_characters":5855}