{"operation":"document","citation":"10-0072","title":"Transportation Development Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-06-18","effective_on":null,"summary":"10-0072 response to Transportation Development Group concerning 173.186, 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0072.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0072.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0072","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100072.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Ave, SE\nWashington, D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\nJUN 1 8 2010\nMr. Jim Powell\nTransportation Development Group\n2023 E. Sims Way Ste 372\nPort Townsend, W A 98368\nRef. No.: 10-0072\nDear Mr. Powell:\nThis responds to your letter regarding the requirements under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) as they apply to your product a \"disposable fuel device\"\ncontaining ethanol in solid form and packaged with safety matches for use in standard charcoal\nbarbeque grills. You ask the following questions:\nQI. You state, as a result of your telephone conversations with the \"DOT\", it was determined\nthat a solid torm of ethanol would best be described as \"UN3175, Solids, containing\ntlammable liquid, n.o.s., 4.1, PG II.\" You ask, would the proper shipping name \"Flammable\nsolid, n.o.s .•\" be more appropriate to describe your product?\nAI. . You did not provide sufficient information (e.g. hazard characteristics, material safety data\nsheet (MSDS), etc.) for this Office to make a determination concerning the appropriate\nclassification of and shipping description for your \"disposable fuel device\", containing\nethanol in solid form. It is the shipper's responsibility to properly classify a hazardous\nmaterial. This Office does not perform that function.\n02. Can the \"disposable fuel device\" be reclassed and renamed as a Consumer commodity,\nORM-D?\nA2. See \"A I\" above.\n03. Can the small quantity packaging exception in §173.4 be utilized when shipping the\n\"matches\"?\nA3. The answer is yes, provided the maximum quantity of material per inner receptacle or article\nis limited to 30 g or 1 oz.\n\n<<<PAGE 2>>>\n\nAccording to your letter, the book of matches that is included with your \"disposable fuel device\"\nwould be placed inside a cardboard slipcover that would act as an \"inside packaging.\" Safety\nmatches or wax \"Vesta\" matches must be tightly packed in securely closed inner packagings to\nprevent accidental ignition under conditions nonnally incident to transportation and further packed\nin outer fiberboard, wooden, or other equivalent-type packaging. Matches packaged in this way that\nare contained in outer packagings not exceeding 23 kg (50 pounds) gross weight are not subject to\nany other requirement of the HMR, except marking. Further, the matches may be packed in the\nsame outer packaging with materials not subject to the HMR. Therefore, you may not attach the\nbook of safety matches (using non-flammable adhesive) to the side ofthe \"disposable fuel device\"\ninner packaging, and then place the device and matches in the same outer packaging. See §173.186\nof the HMR.\nI hope this information is helpful. If we can be of further assistance, please contact us.\nC . f, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nEn3~lA vvt\n,~~ . / t / , ~.. ~ 11 3· t-/ . £M- /)\nSihlt l' (y ttu.,-h h\n1 0 - 0012....\n~I Transportation Development\n----------------------group\nJim Powell\nTransportation Development Group\n2023 Sims Way, #372\nPort Townsend, WA 98368-6905\n1-800-949-4834 I jim@dgtrajning.com\nINTERPRETATION REQUEST\nUS DOT PH MSA\nOffice of HM Standards\nAtt n PHH-10 East Building\n1200 New Jersey Ave, SE\nWa shington, DC 20 590\nin focntr@dot. g ov\nThis is a request for an interp retation on behalf of our client, Sologear LLC. If someone would like to call\nme to discuss tbis tbey can reach me at 1-800-949-4834, or email jim@dgtraining.com\nSologear LLC makes packages of disposable \"fuel\" for standard charcoal bar beq ue grills. Tbese portable\ndevices which would sit inside a conventional back-yard charcoal grill, ta ke the place of the charcoal. Instead\nof opening a b~lg of charcoal briquettes and drop ping them in the grill you would take one of these units\nlooking somewhat like a Jiffy-Pop container and place it in the bottom of the grill, and light it, just as you\nwould conventional charcoal.\nExcept that this fuel consists of a solidified form of ethanol which i clean burning and works the same way a\nnormal cbarcoal grill would operate.\nHere are our questions:\nl. lassiticalion. After several phone conversations with the DOT, it was determined that a solidified\nform of ethanol would best be described as\n\"U N317S. Solids, containing flammable liq uid.\nn.o.s., Div 4.1, PG II.\"\nHowever there is no fo r m of absorbed or frecflowing\nliquid involved, it is simpl~ et hanol in a\nsolid form.\nWould the DOT feel that a Flammable Solid. n.n.s.\ndescription would be more appropriate for\nsomething as described above?\nInterpretation Request DOT Small Quantity Provisions ( 173.4) ORM-D Together in Same Outer Packaging\nPage 1\n\n<<<PAGE 4>>>\n\n2. Mixed Packaging. My client intends to ship this product as a Consumer Commodity, ORM-D as we\nbelieve it meets the definition in 171.8 and the limits of 173.151.\nMy client · wanls to include a book of safety matches in with the unit and we are intending to offer a\n\"mixed packaging\"\nSo inside Ihis one combination package we would have one inner packaging of the ethanol briq uettes\n(actually they have a consistency more like ba rs\nof soap) and one book of safety matches.\nWe would like to ship the matches under the 49\nCFR 173.4 Small Quantity Exception, as the\nbook of matches only weighs a few grams so we\nare within the limits of 173.4(a)(I)(ii) which\nallows for inner receptacles (or in our case each\n\"article\") of up to 30g each.\nThe matches are encased in the book whkh is in\nturn glued (using non-fl ammable adhesive) to\nthe side of the inner pack:lging for the solidified\nethanol.\nA nd the book of matches, attached to the con tainer of solid ethanol fuel is th en slid inside a\ncardboard slipcover which wo uld act as an \"inside packaging\" as per 49 FR 173.4(a)( 4).\nThis completed \"inside packaging\" is then loaded with oth er similar inside packagings into a strong\nouter packaging.\nIt is our intention th at the \"strong outer packaging\" will meet both the req uiremen ts of the small\nquantity exception in 49 CFR 173.4(a)(4) and the Consumer 'ommodity/ORM-D requirement for a\nstrong outer packaging.\nThe completed packaging would be marked both as an O RM-D and as an excepted packaging/smaU\nquantity exception under 173.4 for domestic ground shipping.\nOR -0\n__________________~ AN D\nThis package conforms to 49 CFR\n173.4 for domestic highway or rail\ntransport on Iy.\n'Ve believe we have met the requirements for each as shown below:\nDOT Small Q uantity Exception 173.4 (Matches) DOT Consumer Commodity Exception 173.151\n(Solid Ethanol Barbeque Fuel)\nEach \"article\" is less than 30g Each inner packaging is 1 kg or less\nEach article is covered by a cardboard slipcover\nwhich will function as an \" inside pack a~i ng \"\n-\nEach inside packagi ng is th en loaded in a strong\nouter packaging not over 29 kg G total weight.\nEach in ner pac kaging is loa ded in a strong outer\npackaging not over 29 kg G total weight and thus\nis within bot h the 29kg li mit and the 30 kg limit\nfor limited quantities.\nInterpretation Request DOT Sm all Quantity Provi sions ( 173.4) ORM-D Together in Same Outer Packaging\nPage 2\n\n<<<PAGE 5>>>\n\nEach outer packaging is marked according to 173.4(a)(I) Each outer packaging is marked with the proper\nshipping name \"Consumer Commodity\" and\nORM-D.\nSo, do you see anything wrong with the logic here? It seems acceptable under the HMR to have a\ncombination packaging of mixed contents, both the same hazard class (4.1) and dual mark that one package\n(not an overpack but a combination package) as both 173.4 Small Quantities for the matches and Consumer\nCommodity, ORM-D for the \"briquettes\". Again, this would be for ground shipping only.\n(3) Last question if we followed the requirements for domestic DOT air shipping (not ICAO) under 173.4a\nand the requirements for shipping ORM-D by Air, is there any reason we could not to that as well?\nObviously we'd take into account the normal conditions of transport by air (changes in pressure,\ntemperature, vibration, etc) and properly mark it as ORM-D Air and offer shippers certification for any air\nmove.\nThank you very much for your help.\nJim Powell\nTransportation Development Group\n2023 E. Sims Way Ste 372\nPort Townsend, WA 98368\n1-800-949-4834\nInterpretation Request DOT Small Quantity Provisions (173.4) ORM-D Together in Same Outer Packaging\nPage 3","truncated":false,"body_characters":8344}