The Testor Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department ofTransportation Pipeline and Hazardous Materials Safety Administration JAN 8 2010 1200 New Jersey Avenue. SE Washington, DC 20590 Mr. Scott Anderson Director of Manufacturing Operations and Supply Chain The Testor Corporation 440 Blackhawk Park Ave. Rockford, IL 61104 Ref. No.: 09-0290 Dear Mr. Anderson: This responds to your November 3, 2009 letter regarding the exceptions for limited quantities of compressed gases under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask ifa metal container filled with a liquefied compressed gas (LPG) designed to expel a non-poisonous paint for air brush painting kits may utilize the exception in § 173.306(a)(3). The container would contain a flammable compressed gas propellant but would not contain the corresponding liquid, paste, or powder. The exception in § 173.306(a)(3) is limited to aerosol containers not exceeding one liter capacity in which one or more gases are used to expel other material that is a liquid, paste or powder. An LPG packaged without a liquid, paste, or powder in the container, is not eligible for the exception. I hope this answers your inquiry. If you have further questions, please do not hesitate to contact this office. sin:!'bb~ tIes E. Betts thief, Standards Development Office ofHazardous Materials Standards#

Page 2_TheT""" Corpomtion 440 B1."rn.wk PmX A" RocldOnI, IL 61104 815-967-4074 fax 815-965-9267 ANRPMCOMPANr November 3, 2009 US. Department ofTransportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 Re: Opinion on 49 CFR Sec. 173.306 Dear Sir: We ship metal containers ofcompressed gas which have the sole purpose ofexpelling nonpoisonous paint for air brush painting kits. These metal containers ofcompressed gas meet the following conditions: (i) (ii) (iii) (iv) (v) Their capacity does not exceed one liter. Pressure in the container does not exceed 180 psig at 130 degrees F The liquid content ofthe material and gas does not completely fill the container at 130 degreesF. The container is packed in strong outside packagings. Each container is subjected to a test performed in a hot water bath; the temperature ofthe bath and the duration ofthe test is such that the internal pressure reaches that which would be reached at 50 degrees C (122 degrees F) since the liquid phase does not exceed 95% of the capacity ofthe container. We believe that under the provisions of49 CFR 173.306(a)(3) limited quantities ofthese compressed gases can be shipped as ORM-D. Assuming these facts are correct could you please confirm that these containers may be shipped ORM-D for ground transportation. Thank you, Scott Anderson Director ofManufacturing Operations and Supply Chain#