{"operation":"document","citation":"07-0095","title":"Mr. Rick Kite — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-10-11","effective_on":null,"summary":"07-0095 concerning 172.101, 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0095.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0095.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0095","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070095.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\ninternal no Hazardou:\ndministratior\nOCT 1 1 2007\n941 North Firefly\nMr. Rick Kite\nRef. No.: 07-0095\nWoodstock, Kansas 67235\nDear Mr. Kite:\nThis responds to your letter regarding the definition of \"aerosol\" under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) as it applies to a mixture of\npropane and a small amount of silicon oil used in toy pellet guns. You ask if this product\nmay be shipped as an aerosol if the amount of oil is increased.\nAs defined in 49 CFR 171.8, an \"aerosol\" is \"any non-refillable receptacle containing a\n[underlining added for emphasis is to expel a nonpoisonous (other than a Division 6.]\ngas compressed, liquefied or dissolved under pressure, the sole purpose of which\nPacking Group Ill material) liquid, paste, or powder and fitted with a self-closing release\npropane and oil as being used to lubricate toy guns. It is our understanding that this\ndevice allowing the contents to be ejected by the gas.\" You describe the mixture of\nto operate and secondarily to lubricate gas-operated Airsoft pellet guns. This product\ncombination of propane and gas, commonly referred to as \"green gas\", is used primarily\nTherefore, the amount of oil with the gas is irrelevant. Also, the shipping description\ndoes not meet the definition of \"aerosol\", as its sole purpose is not to disperse a lubricant.\n\"UN 1950, Aerosols, 2.1,\" may not be used to describe this product for purposes of\ntransportation in commerce. An appropriate shipping description is \"UN1978, Propane\nmixture, 2.1.\" See § 172.101(c)(10). Limited quantity and ORM-D exceptions are\nlimited to containers of not more than four fluid ounces capacity. See § 173.306(a).\nLarger containers must conform to the packaging requirements of §§ 173.304 and\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nElend I. Mizull.\nEdward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n172.101\nWHINNHI\n171.8\n070095\n173.306\n\n<<<PAGE 2>>>\n\nnay\n10 U/\n111 : Jaz\nBB MIKOUr I\n1010090018\np.1\nEngrum\n§112.101\n§ 113.306,01.8\nApplicability\nTo DOT Standards division,\n07-0095\nFrom Rick Kite\nDir Sir,\nthem on the DOT proper label and shipping requirements spelled out in the DOT\nguidelines for packaging and markings, thus they got a violation. I have since instructed\nRegulation. Afier talking with Creig Genievich he said although the DOT regulations.\nisn't enough for the acrosol interpretation. We know vast quantities of products on the\ndon't sct the amount of product to be dispersed the small amount of oil in his opinion\nWe can increase the amount of oil to be used but need the guidclines spelled out as the\nmarket that usc the same system to propel the products from the can for customer use.\namount required. I believe no such amount will exist as cach product would need to be\nstated in the amount required for each application. As in any product the propellant is\nsent me a letter from 1995, a DOT response to a manufacture question that was somewhat\nconsidered the agent for dispersal and the amount product is second to that. Creig has\nrclated to this inquiry. The reply from the DOT said minute amounts of product don't\nmeet the Acrosol requirements but the amount has never been established as when 1950\namount other than zero would not establish the requirement. Please let us know as soon\nwill be met. We need to sec if any amount will justify the requirement or we feel no\nas possible as we arc awaiting shipping products now. Wo have used UN1950 with all\nFed Ex. UPS, United Postal for many ycars and follow their HAZMAT officcs. Our\ncontainers meet the UN1950 packaging and label and outside boxing also moct all\nshipping guideline.\nThank You Rick Kilo\nCell 316-461-3889\nFax 316-729-6518\n1141 Neill Frefly\nWastock Kinsa.\n67235","truncated":false,"body_characters":3881}