DS Containers — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety NOV 2 1 2005 Mr. James R. Jandora Ref. No.: 05-0197 Vice President DS Containers Sales & Marketing 1789 Hubbard Avenue Batavia, IL 60510 Dear Mr. Jandora: This is in response to your August 11, 2005 letter regarding the exceptions for limited quantities of compressed gases as specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if aerosol cans containing foodstuffs prepared in accordance with $ 173.306 (b) (1) are subject to either the hot water bath test in § 173.306 (a) (3) or special venting features authorized under DOT-E-07951. The answer is no. If the container meets the conditions specified in § 173.306 (b) (1), the hot water bath test and special venting features are not applicable. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely Hathe x mothere Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 173-306 650 050197#

Page 2'. Satterthwarte DSC §173.306 (b)(1) DS CONTAINERS Cylinders August 11, 2005 05-0197 Standards Office for Hazardous Materials Safety Research and Special Programs Administration 400 7" Street, S.W. U.S. Department of Transportation Washington, D.C. 20590-0001 Subject: Request for Interpretation of 49 CFR 173.306, (b), (1) Dear Director: Please refer to 173.306 (b) (1). This is found on page 578 of our bound copy of this CFR, covering Transportation, revised as of October 1, 2004. We are a manufacturer of aerosol cans. It is our understanding that aerosol cans meeting the requirement of this section of the CFR do not need an exemption related to the fact certain foodstuffs (such as "whipped topping") cannot and do not go through a hot water bath after being filled. In other words, if all requirements of this section, including sub-parts (i), (i), and (iii) are met, the can does not need the venting feature described by DOT E- 07951, even though the can does not go through a 130F hot. water bath. It has been our experience that most aerosol cans for whipped topping are made to in moion emptin, but all cases e believed pring at a ned ins A letter from your office confirming we are interpreting this section correctly vould be very helpful to us, and we ask you to issue such a letter after you have reviewed this question. Sincerely, James R. Jandor Vice President Sales & Marketing 1789 Hubbard Avenue Batavia, IL 60510 • Phone: 630.406.9600 • Fax: 630.406.1438 www.dscontainers.com#