# The Law Offices of Michael A. Capuzzi — Hazardous Materials Safety Interpretation - **operation:** document - **citation:** 08-0294 - **title:** The Law Offices of Michael A. Capuzzi — Hazardous Materials Safety Interpretation - **source type:** guidance - **agency:** Pipeline and Hazardous Materials Safety Administration - **status:** guidance - **official:** true - **published on:** 2008-12-30 - **effective on:** Not available - **summary:** 08-0294 response to The Law Offices of Michael A. Capuzzi concerning 173.154, 173.24. - **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-08-0294.json - **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-08-0294.md - **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-08-0294 - **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080294.pdf **body:** <<>> U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave.. S.E Washington, DC 20590 DEC 3 0 308 Mr. Michael A. Capuzzi, Esq. The Law Offices of Michael A. Capuzzi 63 14 North Wyndwood Drive Crystal Lake, IL 600 14 Ref. No. 08-0294 Dear Mr. Capuzzi: This is in response to your letter dated December 1, 2008, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80). Specifical!~, you ask for confirmation of your understanding of the labeling requirements for limited quantities of corrosive materials. In your letter, you state a typical shipment consists of seven boxes, containing a total of 84, one-half pound jars of a material described as "Corrosive solid, n.0.s. (Zinc chloride, lithium chloride-anhydrous mixture), UN 1759, PG 11" and two boxes containing a total of 24, thirty- two ounce bottles of a material described as "Corrosive liquid, n.0.s. (Zinc chloride, Hydrochloric acid), UN 1760, PG 111." The nine boxes are shipped together on a shrink wrapped pallet. The HMR provide exceptions for limited quantities of Class 8 materials, depending on how they are packaged and transported. Section 173.154(b) authorizes Class 8 Packing Group I1 materials to be transported as a limited quantity when placed in inner packagings with a capacity of up to 1.0 L (0.3 gal) for liquids or 1.0 kg (2.2 pounds) for solids placed in a strong outer packaging. Class 8 materials meeting Packing Group 111 may be transported as a limited quantity when placed in inner packagings of a capacity of up to 5 L (1.3 gallons) for liquids or 5 kg (1 1 pounds) for solids placed in a strong outer packaging. The completed package must not exceed 30 kg (66 pounds). When complete, the package must conform to the general packaging requirements prescribed in $ 5 173.24 and 173.24a. When transported by aircraft, the Class 8 material must be authorized for transport on board passenger-carrying aircraft, and the package must conform to the general requirements for transportation by aircraft prescribed 5 173.27. Limited quantity packages are excepted from labeling, unless transported by aircraft, and placarding, as prescribed in Subparts E and F of Part 172. Packages containing limited quantities must be marked in accordance with Subpart D of Part 172 and the shipping paper must include the words "Limited Quantity" or "Ltd Qty" following the basic description. <<>> Based on the information you provided, the nine boxes placed onto a pallet and surrounded in shrink wrap would meet the definition of an overpack. Authorized packages containing hazardous materials may be offered in an overpack when they meet the requirements of tj 173.25. The overpack must be marked with the proper shipping name and identification number and labeled as applicable, unless the markings and labels representative of each hazardous material in the overpack are visible. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, F0f Charles E. Betts Chief, Standards Development Office of Hazardous Materials Standards <<>> m l ( H A E 1 ( A P U Z Z I T R A D E L A W December 1,2008 Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration Department of Transportation Attn: PHC- 1 0 East Building 1200 New Jersey Avenue, SE Washington, DC 20590-000 1 Re: Interpretive Ruling Request - Labeling of Limited Quantities Dear Sir or Madam: On behalf of Tacna International Corp. (hereinafter "Tacna") and in accordance Section 105.20 of the Pipeline and Hazardous Materials Safety Administration (hereinafter "PHMSA") regulations (49 CFR $105.20), we respectfblly present the following request for an interpretive ruling. Given that on-going shipments are impacted by the guidance offered by the interpretative ruling, we respectfully request expedited processing. I. Overview Tacna is the importer of various goods produced in Mexico. Among the items imported are various types of solders, fluxes, and other welding preparations. The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> f f l l ( H A E 1 ( A P U Z Z I T R A D E L A W A typical shipment consists of several packagings, e.g. jars, bottles, etc, packed in a cardboard box, with several cardboard boxes shrink-wrapped on a pallet. For the purposes of this ruling request, we will use the following information as being representative of a typical shipment: Seven boxes containing a total of 84 one-half pound jars of Harris Products Group Al- Braze 1070 Flux, Part JW-1070112; and Two boxes containing a total of 24 thirty-two ounce bottles of Harris Products Group Stay-Clean Liquid Flux, Part JW-SCLF32. The nine boxes are shipped together on a pallet with plastic shrink-wrap surrounding the boxes. The questions involving this type of shipment are: 1) What labeling, if any, of the packagings and shipping boxes is required under the PHMSA regulations? 2) What labeling, if any, is required for the shrink-wrapped pallet? 3) If the pallet is labeled, what labeling requirements, if any, are then placed on the packages and overpack shipping boxes as a result of said pallet labeling? Our position regarding these questions follows. The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> T R A D E L A W 11. Discussion - Labeling of the Packaginp and Shipping Boxes Harris Products Group Al-Braze 1070 Flux, Part JW-1070112 The Harris Products Group Al-Braze 1070 flux (hereinafter "Al-Braze flux") is a powdered brazing flux. The imported Al-Braze flux is packaged in one-half pound jars for retail sale. Attached for your ready reference is a catalog page showing a representative sample jar of Al-Braze flux. As outlined in Section One of the Material Safety Data Sheet (hereinafter "MSDS"), the chemical name of the Al-Braze flux is "Alkali Metal Halide Powder." Section Fourteen of the MSDS lists the proper shipping name as "Corrosive Solid, n.0.s." This section of the MSDS states that the Al-Braze flux has a hazard class number and description of "8 (Corrosive)," the UN Identification Number of "UN 1759," and the packing group as "11." Section Fourteen of the MSDS also states the Department of Transportation (hereinafter "DOT") label required for the Al-Braze flux is "Corrosive." A copy of the MSDS for the Al-Braze flux is included for your ready reference. Section 172.400(a) of the DOT regulations (49 CFR 9 172.400(a)) states in pertinent part: Except as specified in $1 72.400a, each person who oflers for transportation or transports a hazardous material in any of the following packages ..., shall label the package ... with labels spec$ed for the material in the $1 72.101 table and in this subpart: (I) A non-bulk package; *** (5) An overpack ... which contains apackage for which labels are required ...; For products having a hazard class of "8," the label required by Section 174.400(b) is "Corrosive." The Law Off~ces of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> m l ( H A E 1 ( A P U Z Z I T R A D E L A W Consideration of the Individual Jars of Al-Braze Flux as Non-Bulk Packaging Requiring Labeling under 49 CFR §172.4OO(a)(l) Section 17 1.8 of the DOT regulations (49 CFR 5 171.8) defines "non-bulk packaging" as: . . . (P)ackaging which has: (1) A maximum capacity of 450 L (1 19 gallons) or Iess as a receptacle for a liquid; (2) A maximum net mass of 400 kg (882 pounds) or Iess and a maximum capacity of 450 L (1 19 gallons) or Iess as a receptacle for a solid; or (3) A water capacity of 454 kg (1 000pounds) or Iess as a receptacle for a gas ... Section 17 1.8 of the DOT regulations further defines "packaging" as: ...(A ) receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packaging requirements ... "Receptacle" is defined by Section 171.8 as "...a containment vessel for receiving and holding materials. " The retail jar for the Al-Braze flux satisfies the definition of "packaging" in that the jar serves as the containment receptacle for the one-half pound quantity of corrosive flux. Given that each of the one-half pound Al-Braze flux packaging falls under the maximum limits set-forth for the definition of non-bulk packaging, the subject goods would also satisfy the definition of "non- bulk packaging" and would initially appear to be subject to the labeling requirements of 49 CFR 5 172.400(a). The Law Off~ces of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> T R A D E L A W Consideration of the Twelve-Jar Box of Al-Braze Flux as an Overpack Requiring Labeling Under 49 CFR $172.400(a)(5) Section 172.8 of the DOT regulations defines "overpack" as: ...(A )n enclosure that is used ... to provide protection or convenience in handling of a package or to consolidate two or more packages ... Examples of overpacks are one or more packages ...p laced in aprotective outer packaging such as a box or crate. Section 171.8 of the DOT regulations defines "package" as " ... packagingplus its contents." As we have already established supra that the jar for the Al-Braze flux satisfies the definition of "packaging," the jar containing the Al-Braze flux satisfies the definition of "package." Section 172.8 of the DOT regulations defines "Outer packaging" as: ... (T)he outermost enclosure of a composite or combination packaging together with any absorbent materials, cushioning and any other components necessary to contain and protect inner receptacles or inner packagings. Section 171.8 of the DOT regulations defines "combination packagings" as: ... (A) combination of packaging, for transport purposes, consisting of one or more inner packagings secured in a non-bulk outer packaging. "Inner packaging" is defined by Section 171.8 of the DOT regulations as " ... apackaging for which an outer packaging is required for transport. .." The shipping box clearly satisfies the definition of an "overpack" given that the box provides protection of, and "convenience in handling," the twelve individuals packaging jars of Al-Braze flux contained therein. To summarize, the jars for the Al-Braze flux satisfy the definition of inner packaging, the jar containing the Al-Braze flux satisfies the definition of a package, and the twelve-jar box of Al-Braze flux satisfies the definition as an outer packaging. Therefore, the box containing the subject goods would also satisfy The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> T R A D E L A W the definition of an "overpack" and would initially appear to be subject to the labeling requirements of 49 CFR 5 172.400(a). Applying the Labeling Exception of 49 CFR §172.400a(b) to the Individual Jars of Al- Braze Flux as Non-Bulk Packaging Section 172.400a(b) of the DOT regulations (49 CFR 5 172.400a(b)) specifies that: Certain exceptions to labeling requirements are provided for small quantities and limited quantities in applicable sections in part 173 of this subchapter. Section 173 of the DOT regulations (49 CFR 5 173) provides for the general requirements for shipments and packagings of hazardous materials; Subpart D to Section 173 provides for various exceptions related to hazardous materials other than Class 1 and Class 7. Section 173.154(a) of the DOT regulations (49 CFR §173.154(a)) allows for Class 8 hazardous materials exceptions "...only if this section is referenced for the speciJic hazardous material in the $1 72.101 table ..." The Table of Hazardous Materials and Special Provisions contained in Section 172.101 of the DOT regulations (49 CFR 5 172.101) provides for, among other things, " ... requirements. ..pertaining to labeling ... " Column 8A of the table, as provided for by Section 172.10 1 (i)(l) of the DOT regulations, ". .. contains exceptions @om some of the requirements of this subchapter ..." Whereas the MSDS has established that the Al-Braze flux has a proper shipping name of "Corrosive Solids, n.0.s." with an UN identification number of "UN 1759," we must review the following section of the table found in Section 172.101 of the DOT regulations: The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> l l l l ( H A E 1 ( A P U Z Z I T R A D E L A W Sfl- bds (11 G Hxmdmis materials d e m i p k m s a d proper shipping names Hz& dars as 0i- -an (2) C m o e ~ e solid% nas. .............. ... ..... .... .............................. (3) d ........... , ........... _ ........... -. ...... - - ...... ._ _. ... I .................... I Iden4iSw- lion Num- be^ 4 UNii5D PG (5) (6) I S ........ 10 e ........ (80 (9) (10) - Vessel nnav- Packapg Quaniily l i r r i t i a ~ - Spe%\!mm- ($173. "1 (see 89173.27 and 113.r5) age (8 Bi2.ttP) bulk 17) (an1 (SC) (*A) ( m ) (IDA) (103) IW. IP1. TB. None .... TP33 ~ T ~ . I B B . I P ~ . 1% ...... OP4. T3. TP33 21 1 ...... 242 ...... 1 ke 25 kg B ............ 212 ...... 240 ...... i 5 k ~ sorg A ......... .- 1 111 I 8 1 123, - IBB. -. IP3. .. I i54 I 213 I 240 I 25 kg , 100 kg I A I ........ ...... ...... ...... For goods under Packing Group I1 (as is the Al-Braze flux), the table of Section 172.101 identifies "154" under Column 8A. Given this notation, Section 172.101 of the DOT regulations authorizes the packaging exceptions of 49 CFR 5 173.154 for the subject product. Section 173.154@) of the DOT regulations (49 CFR 5 173.154(b)) outlines the exceptions permitted for limited quantities of Class 8 corrosive materials, specifically and in pertinent part: Limited quantities of corrosive materials (Class 8) in Packing Group 11 and 111 are excepted @om labeling requirements ... and the speciJication packaging requirements of this subchapter when packaged in combination packagings according to this . paragraph.. As the Al-Braze flux is Packing Group 11, the corresponding exceptions are found in Section 173.1 54@)(1) of the DOT regulations (49 CFR 5 173.154(b)(l)), which states in pertinent part: For corrosive materials in Packing Group II, inner packagings not over 1.0 L (0.3 gallon) net capacity each for liquids or not over 1.0 kg (2.2pounds) net capacity each for solids.. . Given that the one-half pound packagings of the Al-Braze flux are clearly under the 2.2 pound limit outlined in Section 173.154@)(1), the imported jars of Al-Braze flux are exempt from the hazardous materials labeling requirements of Section 172 of the Department of Transportation regulations. The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> T R A D E L A W Applying the Labeling Exception of 49 CFR €j172.400a(b) to the Twelve-Jar Box of Al- Braze Flux as an Overpack As has already been outlined, Section 172.400(a)(5) of the DOT regulations requires the appropriate hazardous materials labeling for "(a)n overpack ... which contains a package for which labels are required.. . " (Emphasis added). It has been established that the individual jars of Al-Braze flux satisfies the definition of a "package" and that the box containing the twelve jars satisfies the definition of an "overpack." The critical regulatory labeling requirement of Section 174.400(a)(5) is that the overpack must contain packages "for which labels are required" in order for the overpack itself to be required to be labeled. As the individual packages of Al-Braze flux are excepted from the labeling requirements of Section 174.400 by Section 173.154(b) of the DOT regulations, the overpack does not contain packages "for which labels are required." Therefore, the twelve-jar boxes of Al-Braze flux are exempt from the hazardous materials labeling requirements of Section 172 of the Department of Transportation regulations. Harris Products Group Stay-Clean Liquid Flux, Part JW-SCLF32 The Harris Products Group Stay-Clean flux (hereinafter "Stay-Clean flux") is a liquid brazing flux. The imported Stay-Clean flux is packaged in thirty-two ounce bottles for retail sale. Attached for your ready reference is a catalog page showing a representative sample bottle of the Stay-Clean flux. As outlined in Section One of the MSDS the chemical name of the Stay-Clean flux is "Zinc Chloride/Arnmonium Chloride Solution." Section Fourteen of the MSDS lists the proper shipping name as "Corrosive Liquid, n.0.s." This section of the MSDS states that the Stay-Clean flux has a hazard class number and description of "8 (Corrosive)," the UN Identification Number of "LIN 1760," and the packing group as "111." The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> T R A D E L A W Section Fourteen of the MSDS also states the Department of Transportation (hereinafter "DOT") label required for the Stay-Clean flux is "Corrosive." A copy of the MSDS for the Stay-Clean flux is included for your ready reference. Section 172.400(a) of the DOT regulations (49 CFR $172.400(a)) states in pertinent part: Except as speciJied in $1 72.400a, each person who oflers for transportation or transports a hazardous material in any of the following packages ..., shall label the package ... with labels speciJied for the material in the $1 72.1 01 table and in this subpart: (I) A non-bulk package; *** (5) An overpack ... which contains apackage for which labels are required ...; For products having a hazard class of "8," the label required by Section 174.400(b) is "Corrosive." Consideration of the Individual Bottles of Stay-Clean Flux as Non-Bulk Packaping Requiring Labeling under 49 CFR $172,40O(a)(l) Section 17 1.8 of the DOT regulations (49 CFR § 17 1.8) defines "non-bulk packaging" as: .. . (P)ackaging which has: (I) A maximum capacity of 450 L (1 19 gallons) or less as a receptacle for a liquid; (2) A maximum net mass of 400 kg (882 pounds) or less and a maximum capacity of 450 L (1 19 gallons) or less as a receptacle for a solid; or (3) A water capacity of 454 kg (1 000pounds) or less as a receptacle for a gas ... The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> T R A D E L A W Section 17 1.8 of the DOT regulations further defines "packaging" as: ...(A ) receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packaging requirements .. . "Receptacle" is defined by Section 171.8 as "...a containment vessel for receiving and holding materials." The retail bottle for the Stay-Clean flux satisfies the definition of "packaging" in that the bottle serves as the containment receptacle for the thirty-two ounce quantity of liquid corrosive flux. Given that each of the thirty-two ounce packaging falls under the maximum limits set-forth for the definition of non-bulk packaging, the subject goods would also satisfy the definition of "non-bulk packaging" and would initially appear to be subject to the labeling requirements of 49 CFR $172.400(a). Consideration of the Twelve-Bottle Box of Stay-Clean Flux as an Overpack Requiring Labeling Under 49 CFR $172.400(a)(5) Section 172.8 of the DOT regulations defines "overpack" as: ...(A) n enclosure that is used ... to provide protection or convenience in handling of a package or to consolidate two or more packages ... Examples of overpacks are one or more packages.. .placed in a protective outer packaging such as a box or crate. Section 171.8 of the DOT regulations defines "package" as "... packagingplus its contents." As we have already established supra that the bottle for the Stay-Clean flux satisfies the definition of bbpackaging," the bottle containing the Stay-Clean flux satisfies the definition of "package." The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> T R A D E L A W Section 172.8 of the DOT regulations defines "Outer packaging" as: ... (T)he outermost enclosure of a composite or combination packaging together with any absorbent materials, cushioning and any other components necessary to contain and protect inner receptacles or inner packagings. Section 171.8 of the DOT regulations defines "combination packagings" as: ... (A) combination of packaging, for transport purposes, consisting of one or more inner packagings secured in a non-bulk outer packaging. "Inner packaging" is defined by Section 171.8 of the DOT regulations as " ... a packaging for which an outer packaging is required for transport.. ." The shipping box clearly satisfies the definition of an "overpack" given that the box provides protection of, and "convenience in handling," the twelve individuals packaging bottles of Stay-Clean flux contained therein. To summarize, the bottles for the Stay-Clean flux satisfl the definition of inner packaging, the bottle containing the Stay-Clean flux satisfies the definition of a package, and the twelve-bottle box of Stay- Clean flux satisfies the definition as an outer packaging. Therefore, the box containing the subject goods would also satisfl the definition of an "overpack" and would initially appear to be subject to the labeling requirements of 49 CFR 8 172.400(a). Applying the Labeling Exception of 49 CFR §172.400a(b) to the Individual Bottles of Stay- Clean Flux as Non-Bulk Packaging Section 172.400aP) of the DOT regulations (49 CFR tj 172.400ae)) specifies that: Certain exceptions to labeling requirements are provided for small quantities and limited quantities in applicable sections in part 173 of this subchapter. The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> T R A D E L A W Section 173 of the DOT regulations (49 CFR § 173) provides for the general requirements for shipments and packagings of hazardous materials; Subpart D to Section 173 provides for various exceptions related to hazardous materials other than Class 1 and Class 7. Section 173.154(a) of the DOT regulations (49 CFR $173.1 54(a)) allows for Class 8 hazardous materials exceptions "...only if this section is referenced for the specific hazardous material in the $1 72.101 table ... " The Table of Hazardous Materials and Special Provisions contained in Section 172.101 of the DOT regulations (49 CFR § 172.10 1) provides for, among other things, " ... requirements.. .pertaining to labeling. .. " Column 8A of the table, as provided for by Section 172.101(i)(l) of the DOT regulations, "...contains exceptions from some of the requirements of this subchapter ..." Whereas the MSDS has established that the Stay-Clean flux has a proper shipping name of "Corrosive Liquid, n.0.s." with an UN identification number of "UN 1760," we must review the following section of the table found in Section 172.101 of the DOT regulations: For goods under Packing Group I11 (as is the Stay-Clean flux), the table of Section 172.101 identifies "1 54" under Column 8A. Given this notation, Section 172.101 of the DOT regulations authorizes the packaging exceptions of 49 CFR § 1 73.1 54 for the subject product. The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> m l ( H A E 1 ( A P U Z Z I T R A D E L A W Section 173.154(b) of the DOT regulations (49 CFR $173.154(b)) outlines the exceptions permitted for limited quantities of Class 8 corrosive materials, specifically and in pertinent part: Limited quantities of corrosive materials (Class 8) in Packing Group 11 and 111 are excepted @om labeling requirements ... and the speciJication packaging requirements of this subchapter when packaged in combination packagings according to this paragraph.. . As the Stay-Clean flux is Packing Group 111, the corresponding exceptions are found in Section 173.1 54(b)(2) of the DOT regulations (49 CFR $173.1 54(b)(2)), which states in pertinent part: For corrosive materials in Packing Group III, inner packagings not over 5.0 L (1.3 gallon) net capacity each for liquids or not over 5.0 kg (1 1 pounds) net capacity each for solids. .. Given that the thirty-two ounce packagings of the Stay-Clean flux are clearly under the 1.3 gallon limit outlined in Section 173.154(b)(2), the imported bottles of Stay-Clean flux are exempt from the hazardous materials labeling requirements of Section 172 of the Department of Transportation regulations. Applying the Labeling Exception of 49 CFR $172.400a(b) to the Twelve-Bottle BOX of Stay- Clean Flux as an Overpack As has already been outlined, Section 172.400(a)(5) of the DOT regulations requires the appropriate hazardous materials labeling for "(a)n overpack ... which contains a package for which labels are required.. . " (Emphasis added). It has been established that the individual bottles of Stay-Clean flux satisfies the definition of a "package" and that the box containing the twelve bottles satisfies the definition of an "overpack." The critical regulatory labeling requirement of Section 174.400(a)(5) is that the overpack must contain packages "for which labels are required" in order for the overpack itself to be required to be labeled. The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> T R A D E L A W As the individual packages of Stay-Clean flux are excepted from the labeling requirements of Section 174.400 by Section 173.154@) of the DOT regulations, the overpack does not contain packages "for which labels are required." Therefore, the twelve-bottle boxes of Stay-Clean flux are exempt from the hazardous materials labeling requirements of Section 172 of the Department of Transportation regulations. 111. Discussion - Labeling of the Shrink-wrapped Pallet The next question involves the labeling of the shrink-wrapped pallet which contains several shipping boxes of limited quantities of goods, such as those described in Section I1 supra. Section 172.400(a) of the DOT regulations (49 CFR $172.400(a)) states in pertinent part: Except as speczjied in $1 72.400a, each person who offers for transportation or transports a hazardous material in any of the following packages ..., shall label the package ... with labels speczjied for the material in the $1 72.101 table and in this subpart: *** (5) An overpack ... which contains apackage for which labels are required ...; Section 172.8 of the DOT regulations defines "overpack" as: ...(A )n enclosure that is used ... to provide protection or convenience in handling of a package or to consolidate two or more packages ... Examples of overpacks are one or more packages ...p laced in aprotective outer packaging such as a box or crate. Section 17 1.8 of the DOT regulations defines "package" as " ... packaging plus its contents. " The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> I l l l ( H A E 1 ( A P U Z Z I T R A D E L A W As we have already established supra that the jar for the Al-Braze flux and the bottle for the Stay-Clean flux satisfy the definition of "packaging," the corresponding jar and bottle containing the products satisfy the definition of "package." Section 172.8 of the DOT regulations defines "Outer packaging" as: ... (T)he outermost enclosure of a composite or combination packaging together with any absorbent materials, cushioning and any other components necessary to contain and protect inner receptacles or inner packagings. Section 171.8 of the DOT regulations defines "combination packagings" as: ... (A) combination of packaging, for transport purposes, consisting of one or more inner packagings secured in a non-bulk outer packaging. "Inner packaging" is defined by Section 17 1.8 of the DOT regulations as "...a packaging for which an outer packaging is required for transport ..." The shrink-wrapped pallet clearly satisfies the definition of an "overpack" given that the shrink-wrap and the pallet provides protection of, and "convenience in handling," the shipping boxes containing the individual packaging jars of Al-Braze flux and the individual packaging bottles of Stay-Clean flux contained therein. As has already been outlined, Section 172.400(a)(5) of the DOT regulations requires the appropriate hazardous materials labeling for "(a)n overpack ... which contains a package for which labels are required.. . " (Emphasis added). It has been established that the individual jars of Al-Braze flux and the individual bottles of Stay-Clean flux satisfies the definition of a "package," the box containing the packages satisfies the definition of an "overpack," and the shrink-wrapped pallet containing the shipping boxes also satisfies the definition of an "overpack." The critical regulatory labeling requirement of Section 174.400(a)(5) is that the overpack must contain packages "for which labels are required" in order for the overpack itself to be required to be labeled. The Law Oflices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> ( A P U Z Z I T R A D E L A W As the individual packages of Al-Braze flux and Stay-Clean flux are excepted from the labeling requirements of Section 174.400 by Section 173.154(b) of the DOT regulations, the overpack, i.e. the shrink-wrapped pallet, does not contain packages "for which labels are required." Therefore, the shrink-wrapped pallet containing the twelve-jar boxes of Al-Braze flux and the twelve- bottle boxes of Stay-Clean flux are exempt from the hazardous materials labeling requirements of Section 172 of the Department of Transportation regulations. IV. Discussion - Labeling of Boxes if Pallet is Labeled The final question involves what, if any, labeling is required on the packagings and overpack shipping boxes if the shrink-wrapped pallet overpack does contain labeling, e.g. "Corrosive" label. Because the goods originate in Mexico, the packagings, packages, and overpacks, including the shrink- wrapped pallet, must conform to the hazardous materials labeling requirements for Mexico; these labeling requirements may be different than that of the PHMSA. For example, the shrink-wrapped pallet may be required contain the appropriate "Corrosive" labeling for purposes of transportation in Mexico even though this labeling is not required by the PHMSA regulations. ' Section 5.1.2.1 of the "United Nations Recommendations on the Transportation of Dangerous Goods" states, in pertinent part: An overpack shall be ... labeled, as required for packages by Chapter 5.2, for each item of dangerous goods contained in the overpack unless marking and labeling representative of all dangerous goods in the overpack are visible. ' 49 CFR §172.401(a) states that a package may not bear a label required by the PHMSA regulations unless: 1) The package contains a material that is a hazardous material; and 2) The label represents a hazard of the hazardous material in the package. As was established in Section 11, the subject Al-Braze flux and Stay-Clean flux are "hazardous materials." As such, any labeling that may be placed on the packages or overpacks, including the shrink-wrapped pallet, said labeling being excepted by regulation, would not be in violation of 49 CFR §172.40l(a). The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> f f l l ( H A E 1 ( A P U Z Z I T R A D E L A W The controlling requirements for the labeling of hazardous materials in the United States are found in the PHMSA regulations and not the UN Recommendations. As the subject packages and overpacks, including the shrink-wrapped pallet, are exempt from labeling under the PHMSA regulations, there is no labeling requirement placed on the packages or shipping box overpacks if the overpack pallet is labeled in accordance with the UN Recommendations. To summarize, if the shrink-wrapped overpack is labeled in accordance with the UN Requirements, the packaging and shipping boxes of the limited quantities of the subject goods are still exempt from labeling by regulation for the reasons reviewed supra. 111. Conclusion Based upon our understanding of the PHMSA requirements and a plain reading of the corresponding regulations, our position for each point is as follows: 1) What labeling, if any, of the packagings and shipping boxes is required under the PHMSA regulations? For reasons reviewed supra, the jars of Al-Braze powdered flux and bottles of Stay-Clean liquid flux are exempt from the labeling requirements of Section 172 of the Department of Transportation regulations. For reasons reviewed supra, the overpack boxes of the Al-Braze powdered flux and the overpack boxes of the Stay-Clean liquid flux are exempt from the labeling requirements of Section 172 of the Department of Transportation regulations. 2) What labeling, if any, is required for the shrink-wrapped pallet? For reasons reviewed supra, the overpack shrink-wrapped pallet containing the boxes of the Al-Braze powdered flux and the overpack boxes of the Stay-Clean liquid flux is exempt from the labeling requirements of Section 172 of the Department of Transportation regulations. The Law Offices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> f f l l ( H A E 1 ( A P U Z Z I T R A D E L A W 3) If the pallet is labeled, what labeling requirements, if any, are then placed on the packages and overpack shipping boxes as a result of said pallet labeling? For reasons reviewed supra, the jars of Al-Braze powdered flux and bottles of Stay-Clean liquid flux and the overpack boxes containing the same remain exempt from the labeling requirements of the Department of Transportation regulations even when the overpack shrink-wrapped pallet is labeled, for example, in accordance with the UN Recommendations. Please contact us should you have any questions or require any additional information. Thank you for your cooperation and assistance with the expedited response to this request. .Very sincerely, Hg%/.: Michael A. Capuzzi, sq. Counsel for Tacna International Attachments The Law Oflices of Michael A. Capuzzi 6314 North Wyndwood Drive Crystal Lake, IL 60014 Tel: 815-479-5260 Fax: 815-479-1904 <<>> AL-BRAZE 1070 A superior brazing alloy for the joining of aluminum to aluminum. Al-Braze is free-flowing with unequaled capillary attraction, ductility and penetration. Not recommended for brazing Aluminum directly to non-Aluminum alloys as the joint may be brittle. Procedre: . . Clean the braze area Remove all plating or anodized finish Heat the wire and dip into dry flux for extra coverage Mix powdered flux with water to form a paste Use a reducing flame Keep torch in constant motion Melt the alloy with the heat from the work piece not with the torch Features: Tensile strength - Up to 35,000 PSI Solidus - 1070°F 1577% Liquidus - 1080°F 1 58Z°C Excellent corrosion resistance Specific gravity - 2.66 USA WE lll At-Braze 1070 88% At 1070a F 1080' F Superior bming alloy for joining Aluminum 12% Si 5~ c 582' c aluminum to aluminum. Excellent Brazing Kit capillarl( atbarn. 1070K ALERAZE 1070 KIT aluminum alloy with non-corrosive flux inside the wire; no external flux is required with this praduct. Designed forth , air conditioners, aluminum alloy condensers and other applications. Very good fluidity with good capillary attractio ecessary. Better than tin-zinc and aluminum silicon alloys for aluminum coil repair. Melts at 824°F 1 440% aluminum torch alloy which is able to produce either th ded for brazing aluminum directly to non-aluminum alloys. CORAL is a tubular aluminum calibrated, assuring versatile control. ead forming characteristics. Aluminum to aluminum: Not the flux to the filler material is precisely be applied out-of-position with absolute Clean the braze area Remove all plating or anodized finish Leave agap of 1/16" to 118" Bevel 60" to 70" for butt joints or it is not necessary to melt the base Use a carburizing flame Solidus - 1 0 5 5 ~ ~ I 5 a 0 c Liquidus - 11 55°F I 623OC Goud color match (will Gwd corrosion resistance Can be applied out-of-position residue with warm water the md alter use to seal in flux The H a r r i s Products Group 1.800.733.4043 w w w . h a r r i s p r o d u c t s g r o u p . c o m <<>> MATERIAL SAFETY DATA SHEET Pmpmd to U.S. OSHA, CMA, ANSI and Candan WHMlS Standards .This Material Safely Data Sheet is offered pursuant to OSHA's Ha& Communication Standard (29 CFR 1910.1200). Other government regulations must be reviewed for applicability to Mese products. WARNING: PRODUCT COMPONENTS PRESENT HEALTH AND SAFETY HAZARDS. READ AND UNDERSTAND THIS MATERIAL SAFETY DATA SHEET (M.S.DS.). ALSO, FOLLOW YOUR EMPLOYER'S SAFETY PRACTICES. This product m y contain Chromium andlor Nickel which am llsted by OSH4 NTP, or IARC as being a carcinogen or potential carcinogen. Use of thls product may expose you or othen to fumes and gases at Iewls exceeding those establkhed by the American Conference of Governmental Industrial HygbnW (ACGIH) or the Occupational Safety and Health Adminkation (OSHA3 The information contained herein relates only to the specific produd If the pmdud is combined with other materials, all component prope~es must be considered. BE SURE TO CONSULT THE LATEST VERSION OF THE MSDS. MATERIALSAFETY DATA SHEETS ARE AVAlLABLE FROM HARRIS Products Group. salesinfo@iianis.m 51 3-754-2000 WWW. h a r r i ~ ~ r ~ d ~ ~ t S a r ~ ~ D . ~ ~ m STATEMENT OF LIABILITY-DISCLAIMER To the best of the Harris Roducb Group knowledge, the information and recommendations contained in this publication are reliable and accurate as ofthe date prepared. However, accuracy, suitability, or completeness are not guaranteed. and no warranty, guarantee, or representation, expre& or implied, is made by Harris Products Group as to the absolute corredness or sufficiency of any representation contained in this and other publications; Harris Products Group assumes no responsibility in connection therewith; nor can it be assumed that all acceptable safety measures are contained in this and other publications, or that other or additional measures may not be required under palticular or exceptional conditions or urcumstances . Data may be changed from time to time. PART I What is the material and what do I need to know in an emergency? I. PRODUCT IDENTIFICATION TRADE NAME (AS LABELED): CHEMICAL NAMUCLASS: SYNONYMS: PRODUCT USE: DOCUMENT NUMBER: SUPPLIERIMANUFACTURER'S NAME: ADDRESS: EMERGENCY PHONE: BUSINESS PHONE: DATE OF PREPARATION: HARRIS 10, AL-BRAZE 1070, AL-BRAZE EC FLUX Alkali Metal Halide Powder ALUMINUM Brazing and Welding Flux Metal-Working Operations 01 33 HARRIS PRODUCTS GROUP 4501 Quality Place, Mason, Ohio 45040 CHEMTREC: 1-800-424-9300 1 -5 1 3-754-2000 July 12,2007 2. COMPOSITION and INFORMATION ON INGREDIENTS CHEMICAL NAME I ms# I %wk I3 ACGlH nv I STEL I PEL XURE LIMITS IN AIR J OTHER I Alkali Metal Chlorides: Lithium Chloride Potassium Chloride Sodium Chloride 75-90 7447-41 8 744747 7647-1 4-5 Lithium Fluoride 778424-4 415 2.5, :(Not N: 2:. "1 NlOSH REL: 2.5 Classifiable as a Human I ( DFG k4K: 2.5 rota1 Carcinogen) respirable dust fraction) (exposure llmi are for Zinc Chloride fume) 2(vacated 50 NlOSH REL: I989PEL) ( STEL W A = i = 2 Carcinogen: EPA-D I ALUMINUM FLUXES EFFECTIVE DATE: June 19,2003 PAGE 1 OF 8 - **truncated:** true - **body characters:** 102939