Kajuligan Corporation — Hazardous Materials Safety Interpretation

Page 1JAN 29 2007 Wash ngton, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety Mr. Cliff Croft Ref. No. C6-0205 Director of Regulatory Compliance Kajuligan Corporation Overland Park, KS 66210 11622 Monrovia Street Dear Mr. Croft: This responds to your letter dated September 8, 2006, regarding Special Provision "43 in § 172.102 as it applies to a material described as "Nitrocellulose membrane filters, 4.1, 180). UN3270, PG II," under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- In accordance with Special Provision "43", nitrocellulose membrane filters each with a mass not exceeding 0.5 g are not subject to the HMR when contained individually in an article or a sealed packet. You ask if it would be a violation of the HMR to utilize Special Provision "43" to transport two strips totaling 0.096 g (2 X 0.048 = 0.096 g) of nitrocellulose membrane filters with each individual membrane filter having a mass of 0.048 g in each article or sealed packet. The answer is yes. To utilize the exception, Special Provision "43" requires each in an article or sealed packet. Therefore, you may not use the exception to transport two nitrocellulose membrane filter under 0.5 gram to be individually or separately contained strips totaling 0.096 g (2 X 0.048 = 0.096 g) in a single article or sealed packet. Currently, as provided under Special Provision "43", it does matter how many strips are in the article or sealed packet, although they are each under 0.5 gram (e.g, two strips of nitrocellulose membrane filters totaling 0.096 g (2 X 0.048 = 0.096 g)). We ur derstand your concerns and will address this issue in a future rulemaking. I hope this information is helpful. If we can be of further assistance. Sincerely. / Chief, Standards Development Office of Hazardous Materials Standards 172.102SP43 060205#

Page 2Boothe ... special Provision i= 3112.102 i Kajuligan Corporation 316 CRESCENT PLACE, GENEVA., IL 60134 06-0205 Mr. Edward T. Mazzulo Washington, DC 20590 Dear Mr. Mazzullo, planning to ship a kit that contains articles with nitrocellulose membranes. The articles in We are writing of behalf of our client to get clarification on Special Provision 43. Our client is question will contain two nitrocellulose membrane strips. Each individual membrane has a mass individually sealed in a packet. I spoke with a Rob at the Hazardous Material Information Center of 0.04806 grams with a total of 0 09612 grams per article (test strip). Each article is ther on September 8, 2006 and he confirmed this item would qualify for Special Provision 43 43. If you need any additional information please contact me at 913-522-1036 We would like a written clarification that this item meets requirements under Special Provisions Please fax a copy of the clarification letter to 913-339-9779. Sincerely, Director of Regulatory Compliance Cliff Croft Overland Park, KS 66210 11622 Monrovia St Phone: 913-522-1036 Phone: 630-215-4509 Fax: 630-345-9936 Fax: 913-339-9779#