{"operation":"document","citation":"08-0296","title":"Kott Koatings, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-01-16","effective_on":null,"summary":"08-0296 response to Kott Koatings, Inc. concerning 172.102.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0296.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0296.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0296","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080296.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington. DC 20590\nMr. John M. Kott\nPresident\nKott Koatings, Inc.\n27 16 1 Burbank Street\nFoothill Ranch, CA 926 10\nRef. No. 08-0296\nDear Mr. Kott:\nThis responds to your letter requesting clarification of the packaging requirements for paint\nand paint-related materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n17 1- 180). Specifically, you ask whether your company's product \"S6\", a paint-thinning\nflammable solvent, is eligible for the packaging exception in 5 172.102, Special Provision\n149. Based on its flammability, your product is assigned to Packing Group I1 under the\ncriteria specified in tj 8 173.120 and 173.12 1. Your product is packaged in a combination\npackaging consisting of metal jerricans with a capacity of 1 -gallon (3.785 L) each that are\nplaced in an outer packaging made of fiberboard.\nThe answer to your question is yes. Special Provision 149 is assigned to the Class 3, Packing\nGroup I1 entry of \"Paint\" and \"Paint related material (UN1263)\" in column 7 of the 172.101\nHazardous Materials Table. This special provision allows for such materials that are\npackaged as limited quantities or consumer commodities to be contained in inner packagings\nwith a net capacity not to exceed 5-liters (as opposed to 1-liter) each. Provided your\ncompany's product \"S6\" conforms to the conditions specified, it is eligible for the packaging\nexception under Special Provision 149 of 5 172.1 02.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nI Kott Koatings Inc.\nI\n( Porcelain Refinishing\n%\n/'\nNovember 25,2008 . ,\n. .\nU.S. Department of Transportation\nPipeline & Hazardous Materials Safety Administration\n1200 New Jersey Avenue, S.E.\nZone E26 (PHC- 10)\nWashington, D.C. 20590-0001\nAttn: Joseph Solomey,\nAssistant Chief Counsel for Hazardous Materials Safety\nRe: Re-Classification of \"S6\" solvent\nDear Mr. Solomey,\nThank you for your letter iterating the concerns of the recent investigation of our facility and corrections (that have\nbeen made) that needed to be addressed as to the shipping of our flammable solvent \"S6\".\nIn your letter (see copy enclosed for your review) specifically paragraph #2, it was a little confusing for us to\nunderstand but we have taken it to basically state that upon the investigation the investigators found that the\nclassification we were referring to superseded their findings however it appears that our findings were printed in error\nby the Office of the Federal Register and were being corrected to change the 5 liter (1.3 liter) quantity back to the .3\nliter quantity and that we needed to change as well even though it is not in print as of yet.\nAs I mentioned, the paragraph was a little confusing and we are still not exactly sure of what the bottom line is but we\ndid find that under the CFR regulations for '%int Related Material includingpaint thinning, dying, removing or\nreducing compound' there is a CFR 149 classification we should fall under. According to the Pipeline and Hazardous\nMaterials Safety Admin., DOT 172.102 on page 341 paragraph 149 it states \"When transported as a limited quantity\nor a consumer commodity, the maximum net capacity speciJied in 173.150(b)(2) of this subchapter for inner\npackagings may be increased to 5L (1.3 gallons). \" I have enclosed a copy of this for your review.\nCould you please indicate if the possibility when shipping by sea or ground still exist for the S6 Solvent in question\nwhich is a paint related thinning material, can be shipped in a limited quantity or consumer commodity with the\nmaximum of 5L capacities for inner packaging?\nWe look forward to your early response.\nThank you very much,\nPresident\nKott Koatings, h c .\nPhone: Int'l. 1 (949) 770.5055 - Inside U.S.A. 1 (800) 452-6161\nEmoil info@kottkoatings.com\nWeb http://www.kottkoatings.com\nFOX: 1 (949) 770-5101","truncated":false,"body_characters":4094}