Dangerous Goods Advisory Council — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JUL 9 2007 Mr. Frits Wybenga Technical Director Ref. No.: 07-0130 Dangerous Goods Advisory Council 1100 H Street, N.W., Suite 740 Washington, DC 20005 Dear Mr. Wybenga: requirements appearing in § 173.306 of the Hazardous Materials Regulations (HMR; 49 This is in response to our June 1927, 2007 conversation regarding the regulatory CFR Parts 171-180). As explained in the language following § 173.306 in the Government Printing Office's January 23, 2006 final rule, the consumer commodity and the less than 50 ml aerosol electronic version of the CFR, an oversight occurred in the paragraph designations. In the provisions in paragraphs (h) and (i) respectively were redesignated as paragraphs (i) and (j and the lighter refill provisions were added in new paragraph (h). In the December 29, (i) instead of paragraph (i), and a new paragraph (k) was added referencing the 2006 final rule, the less than 50 ml aerosol provisions were revised, but made to paragraph requirements in § 173.307. Both final rules had a January 1, 2007 effective date. We will issue a final rule to correct the wording in § 173.306 as soon as possible. Paragraphs (i), (j) and (k) should read as follows: (a)(3), or (b) of this section and is a "consumer commodity" as defined in (i) A limited quantity which conforms to the provisions of paragraph (a)(1), § 171.8 of this subchapter, may be renamed "consumer commodity" and reclassed as ORM-D material. Each package may not exceed 30 kg (66 pounds) gross weight. In addition to the exceptions provided by paragraphs (a) and (b) of this section— CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS": (1) Outside packagings are not required to be marked "INSIDE (2) Shipments of ORM-D materials are not subject to the shipping paper (3) Shipments of ORM-D materials are eligible for the exceptions provided in $ 173.156. 173•306(h) 070130 173.307#

Page 2(i) Aerosols and receptacles small, containing gas with a capacity of less han 50 ml. Aerosols, as defined in § 171.8 of this subchapter, and receptacle mall, containing gas, with a capacity not exceeding 50 ml (1.7 oz.) and with pressure not exceeding 970 kPa (141 psig) at 55 °C (131 °F), containing no requirements of this subchapter. The pressure limit may be increased to 2000 hazardous materials other than a Division 2.2 gas, are not subject to the kPa (290 psig) at 55 °C (131 °F) provided the aerosols are transported in outer packages that conform to the packaging requirements of Subpart B of this part. This paragraph (i) does not apply to a self-defense spray (e.g., pepper spray). (k) For additional exceptions, also see § 173.307. "overpack." Paragraph (i) provides an exception from the "INSIDE CONTAINERS Also, note the outside packaging is the outer of a combination packaging, not an COMPLY WITH PRESCRIBED REGULATIONS" marking. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials, Standards#

Page 3Mitchell Page 1 of 1 3173:306 (h) Cytinders Drakeford, Carolyn <PHMSA> 07-0130 From: Mitchell, Hattie <PHMSA> Sent: Thursday, June 28, 2007 5:26 PM To: Drakeford, Carolyn <PHMSA> Subject: FW: 173.306(h) Sent: Tuesday, June 19, 2007 4:31 PM From: Frits Wybenga [mailto: fwybenga@dgac.org] To: Mitchell, Hattie <PHMSA> Subject: 173.306(h) Hi Hattie - I don't know if anybody has noted this to you but there may be a problem (possibly created by those oublishing the HMR). The old 173.306(h) allowed compressed gas according to (a)(1) etc to go as ORM-D. I accessed from the website does not have the provision even though (a)(3) references provisions for ORM-D in have now looked at three different versions of the HMR and all three are different. The electronic version beginning followed by "lighter" specific text. A GSI version shows it renumbered as 173.306(i). Who is right? 173.306(i). The Oct 2006 Labelmaster version shows two different 173.306(h) paras - the old one and the old GSI appears to be but ... Hope all is well - Frits Frits Wybenga Technical Director Dangerous Goods Advisory Council fwybenga@dgac.org 202-289-4550 6/28/2007#