{"operation":"document","citation":"05-0164","title":"The Procter & Gamble Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-10-12","effective_on":null,"summary":"05-0164 response to The Procter & Gamble Company concerning 176.83, 177.848.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0164.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0164.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0164","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050164.pdf","body":"<<<PAGE 1>>>\n\nof Transportatior\nJ.S. Department\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nOCT 12 2005\nMr. Steven L. Dishion\nRef No.: 05-0164\nCorporate Dangerous Goods Transportation\nRisk Manger\nThe Procter & Gamble Company\nCorporate Engineering Technologies Lab\n8256 Union Centre Boulevard\nWest Chester, OH 45069\nDear Mr. Dishion:\nThis responds to your June 27, 2005 letter requesting confirmation that a package\ncontaining mixed contents of hazardous materials in limited quantities is acceptable\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and\nInternational Maritime Dangerous Goods (IMDG) Code. You indicate that you have\ntwo-part and three-part hair dye kits that contain Flammable liquid, n.o.s., UN 1993, PG\nIII and either Hydrogen peroxide, aqueous solution, UN 2984, PG III or Oxidizing solid,\nn.c.s., UN 1479, PG III or both. In addition, you state that the individual hazardous\nmaterials components do not react dangerously with one another or any other insert in the\nouter fiberboard packaging (i.e., conditioner, gloves, instructions, or the developer).\nIn accordance with §§ 176.80(b) and 177.848(a) of the HMR, materials in limited\nquantities are excepted from segregation requirements. However, $§ 173.21(e) and\n173.24(e)(4) of the HMR prohibit materials that dangerously react from being placed\ntogether. Therefore, in accordance with the provisions mentioned above, limited\nqua cities of materials may be shipped in the same packaging if mix. ig of the package\ncontents does not cause a dangerous evolution of heat, flammable or poisonous vapors, or\nthe formation of unstable corrosive materials.\nUnder the IMDG Code, a limited quantity of Flammable liquid, n.o.s., Class 3, UN 1993,\nPG III may not be placed in the same outer package with a limited quantity of either\nHydrogen peroxide, aqueous solution, Class 5.1, UN 2984, PG III or Oxidizing solid,\n.4.4.1 states \"Different dangerous goods in limited quantities may he packaged in th\name outer packaging provided the segregation provisions of chapter 7.2 are taken int\naccount and the goods will not react dangerously in the event of leakage.\" In the case of\n176.83\n177.848\n050164\n\n<<<PAGE 2>>>\n\nthe materials in your kit, IMDG Code chapter 7.2 requires \"Separated from\" segregation\nbetween Class 3 substances and Class 5.1 substances regardless as to whether or not a\ndangerous reaction would occur in the event of leakage.\nIt is the responsibility of the offeror to ensure that any mixed contents package containing\nlimited quantities or consumer commodities is suitable and properly prepared for\ntransportation. Based on the information you provided, your hair dye kits may be\npackaged as described in your letter, when transported by highway or vessel as consumer\ncommodities in accordance with HMR; however, they may not be packaged as you\ndescribed for transportation by vessel under the IMDG Code.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nness\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nProcter& Gamble\nCorporate Engineering Technologies La.\nThe Procter & Gamble Company\nSupko\n256 Union Centre Boulevard, West Chester, Ohio 4506\n$/76.83\n5177,848\nJune 27, 2005\nMr. Edward T. Mazzullo\nSegregation\nUnited States Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n05-0164\n400 7* Street, SW\nOffice of Hazardous Materials Safety\nWashington, DC 20590\nDear Mr. Mazzullo,\nconfirmation that the current package design for our hair color kits is acceptable under both the HMR and\nProcter & Gamble is a manufacturer of consumer products, including hair color kits. We are seeking\nthe IMDG Code. The individual components of the hair color kits meet the definition and conditions and\nand as a Limited Quantity under the IMDG Code. The hair color kits are two or three part kits as\nlimitations to be classified as ORM-D material and described as a Consumer Commodity under the HMR\ndescribed below:\n.30\n(a)\nThe two pait kits confain two hazardous matérials - one ifiner plastic container of hair dye and\nane innier plastic container of devéloper. The hair dyes are classified as \"Flammable Liquid,\nn.o.s., (isopropyl alcohol), 3, UN 1993, PG III.* The devélopers are classified as \"Hydrogen\nthan the maximum permitted volume for Limited Quantities. Each hair color kit is created by\nPeroxide, Aqueous Solution, 5.1, UN 2984, PG III.\" The capacity of each inner packaging is less\nplacing one container of hair dye and one container of developer in a fiberboard carton. The kits\nThe individual kits are. packed in fiberboard boxes marked with orientation arrows and the\nalso contain a hair conditioner and other non hazardous inserts (e.g., gloves anci instructions).\nConsumer Commodity ORM-D marking.\n(b)\nliquid hair dye is in a plastic container and is classified as \"Flammable Liquid, n.o.s., (isopropyl\nSome three part kits contain two hazardous materials and one non hazardous material. The\nalcohol), 3, UN 1993, PG III.\" The bleach powder is in a packet and is classified as \"Oxidizing\nPG III.\" The third component in the kit is a non hazardous developer. Again, that capacity of\nSolid, n.o.s., (Ammonium Persulfate, Potassium Persulfate, Sodium Persulfate), 5.1, UN 1479,\nThe kits are packaged essentially the same, in all important aspects, as the two part kits\neach inner packaging is less than the maximum permitted volume or mass for Limited Quantities.\ndescribed in paragraph (a).\n(c)\ndye, one inner plastic container of liquid developer, and a packet of bleach powder. The hair\nSome three part kits contain three hazardous materials - one inner plastic container of liquid hair\ndevelopers are classified as \"Hydrogen Peroxide, Aqueous Solution, 5:1; UN 2934, PG I!I.\" The\ndyes are classified as \"Flammable Liquid, n.o.s., (isopropyl alcohol), 3, UN 1993; PG Ili.\" The\nPersulfate; Sodium Persulfate); 5.1, UN 1479. P.: III.* • Again, the capacity of each inner\nbleach powder is classified as \"Oxidizing Solid, r.o.s., (Ammonium Persulfate, Potassium\nare packaged essentially the same, in all important aspects, as the two part kits described in\npackaging is less than the maximum permitted volume or mass for Limited Quantities. The kits\nparagraph (a).\n\n<<<PAGE 4>>>\n\nProcter& Gamble\nBy design the components in hair color kits do not react dangerously with each other. Because the\ndesigned to have little temperature rise and no gas evolution. The final temperature of the mixture is\nconsumer is intended to mix the components and pour the mixture on his / her hair, the mixture is\ndesigned to be comfortable when applied to the skin. We believe the hair color kits produced for\nare shipped together in the same carton in the hair color kits.\nconsumer use do not present an additional or prohibited hazard in transportation when the components\nUnder the HMR, hazardous materials in limited quantities, including ORM-D materials, are not subject to\nsegregation requirements when loaded in transport vehicles or freight containers (see, for example,\nMoreover, in previous interpretation letters (REF NO. 03-0082 and REF NO. 00-0064, copies enclosed for\nparagraph 176.80(b) for transport by vessel and paragraph 177.848(a) for transport by motor vehicle).\nyour convenience), your office has confirmed that different hazardous materials (dangerous goods) may\ngoods) would not cause a dangerous reaction. In a similar provision, Chapter 3.4, subsection 3.4.4.1, the\nbe packaged together in the same outside package, if mixing of the hazardous materials (dangerous\nIMDG code allows dangerous goods in limited quantities to be packaged in the same outer packaging,\nnot interact dangerously in the event of leakage. With regard to the segregation provisions in Chapter 7\nprovided the segregation provisions in Chapter 7 of the IMDG are taken into account, and the goods will\nof the IMDG Code, we further note that in letters previously issued, acting in its capacity as the United\nStates Competent Authority for purposes of implementation of the IMDG Code provisions, RSPA (now\nthe need for issuance of additional documentation, by the United States competent authority where such\nPHMSA) has taken the position that the provision of the HMR constitutes approval, without, necessarily,\nmay be required by the IMDG Code.\nIn conclusion, we would appreciate your confirmation that the packaging as described above is\nacceptable under both the HMR and the IMDG Code. Thank you for your help in this matter.\nSincerely,\ncabin\nSteven L. Dishion\n513.634.9520\nCorporate Dangerous Goods Transportation Risk Manager\nEnclosures\nSarah R. McClure\nCC:","truncated":false,"body_characters":8695}