Industrial Health and Safety Consultants, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration APR 14 2006 Senior Consultant Denese A. Deeds, CIH Reference No. 05-0191 Industrial Health and Safety Consultants, Inc. 6 Lunar Drive Woodbridge, CT 06525 Dear Ms. Deeds: This is in response to your letter, e-mails, and telephone conversation with a member of my staff asking for clarification on the meaning of "sealed packet" under Special Provision 47 of § 172.102 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You also asked whether a felt-tip cleaning pen with a closing cap, described in the documents you provided as "TechMark Pen Tick Plus™ Swiper" and "Drimark 8700 Style Marker," meets the definition of a sealed packet under this special provision. We apologize for the delay in responding and any inconvenience this may have caused. You provided the pen's material safety data sheet (MSDS), schematic drawings, and photograph. The documents state the proper shipping description is "Solids containing flammable liquid, n.o.s. (Isopropanol solution), 4.1, UN 3175, PG II," and its flash point is 12 °C (54 °F). The pen is composed of 3 milliliters of an isopropanol and oxalic acid solution that is absorbed, with no free liquid, onto a felt substrate and adjacent polyethylene nib placed within a molded polyethylene pen barrel fitted with a molded polyethylene cap. The HMR do not currently define "sealed packet." One example of a "sealed packet" is a /72.102 173.120 050191#

Page 2absorbed onto a solid material. Based on the information you provided, it is the opinion of this Office that your pens and markers are not subject to the requirements of the HMR. I hope this information is helpful. Sincerely, Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 2#

Page 38/17/2005 2:54 FROM: Fax IHSC, Inc. TO: 1-202366-3012 PAGE: 001 OF 001 Edminsore $173,120 Definition Industrial Health & Safety Consultants, Inc. 6 Lunar Drive, Woodbridge, CT 06525 203-929-3473 - 05-0191 August 17, 2005 Office of Hazardous Materials Standards Research and Special Programs Administration Attn: DHM-10 400 7% Street SW US Department of Transportation Washington, DC 20590-0001 Dear Sir or Madam, I would like to request an interpretation of the meaning of the term "sealed packet" as it is used in Special Provision 47 of 40CFR 172.102. A letter of interpretation was issued to Enefco International, LTD on December 7, 2001 in which it was stated that cleaning pens are not subject to the HMR based on that special provision. In the original request letter the pens were described as having a felt within the barrel that was saturated with isopropanol "like you would a marker". It was further stated that there was no free flowing liquid. I represent a company that manufactures a pen also containing 3 mL of an isopropanol solution which is absorbed onto a felt substrate inside the pen barrel. There is no free liquid present. While the letter referred to above would seem to apply to our product, we are uncertain as to how we can demonstrate that the pen represents a "sealed packet". The pen lid closes securely so the solution does not dry out. Is that adequate? determination, please contact me at 203-929-3473 or via email at d.deeds@ih-sc.com. I thank you in advance for your assistance in this matter. If you need any additional information to make this Sincerely, Dense A. Deeds Senior Consultant Denese A. Deeds, CIH#