Transportation Development Group — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JUN 1 8 2010 Mr. Jim Powell Transportation Development Group 2023 E. Sims Way Ste 372 Port Townsend, W A 98368 Ref. No.: 10-0072 Dear Mr. Powell: This responds to your letter regarding the requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they apply to your product a "disposable fuel device" containing ethanol in solid form and packaged with safety matches for use in standard charcoal barbeque grills. You ask the following questions: QI. You state, as a result of your telephone conversations with the "DOT", it was determined that a solid torm of ethanol would best be described as "UN3175, Solids, containing tlammable liquid, n.o.s., 4.1, PG II." You ask, would the proper shipping name "Flammable solid, n.o.s .•" be more appropriate to describe your product? AI. . You did not provide sufficient information (e.g. hazard characteristics, material safety data sheet (MSDS), etc.) for this Office to make a determination concerning the appropriate classification of and shipping description for your "disposable fuel device", containing ethanol in solid form. It is the shipper's responsibility to properly classify a hazardous material. This Office does not perform that function. 02. Can the "disposable fuel device" be reclassed and renamed as a Consumer commodity, ORM-D? A2. See "A I" above. 03. Can the small quantity packaging exception in §173.4 be utilized when shipping the "matches"? A3. The answer is yes, provided the maximum quantity of material per inner receptacle or article is limited to 30 g or 1 oz.#

Page 2According to your letter, the book of matches that is included with your "disposable fuel device" would be placed inside a cardboard slipcover that would act as an "inside packaging." Safety matches or wax "Vesta" matches must be tightly packed in securely closed inner packagings to prevent accidental ignition under conditions nonnally incident to transportation and further packed in outer fiberboard, wooden, or other equivalent-type packaging. Matches packaged in this way that are contained in outer packagings not exceeding 23 kg (50 pounds) gross weight are not subject to any other requirement of the HMR, except marking. Further, the matches may be packed in the same outer packaging with materials not subject to the HMR. Therefore, you may not attach the book of safety matches (using non-flammable adhesive) to the side ofthe "disposable fuel device" inner packaging, and then place the device and matches in the same outer packaging. See §173.186 of the HMR. I hope this information is helpful. If we can be of further assistance, please contact us. C . f, Standards Development Office of Hazardous Materials Standards#

Page 3En3~lA vvt ,~~ . / t / , ~.. ~ 11 3· t-/ . £M- /) Sihlt l' (y ttu.,-h h 1 0 - 0012.... ~I Transportation Development ----------------------group Jim Powell Transportation Development Group 2023 Sims Way, #372 Port Townsend, WA 98368-6905 1-800-949-4834 I jim@dgtrajning.com INTERPRETATION REQUEST US DOT PH MSA Office of HM Standards Att n PHH-10 East Building 1200 New Jersey Ave, SE Wa shington, DC 20 590 in focntr@dot. g ov This is a request for an interp retation on behalf of our client, Sologear LLC. If someone would like to call me to discuss tbis tbey can reach me at 1-800-949-4834, or email jim@dgtraining.com Sologear LLC makes packages of disposable "fuel" for standard charcoal bar beq ue grills. Tbese portable devices which would sit inside a conventional back-yard charcoal grill, ta ke the place of the charcoal. Instead of opening a b~lg of charcoal briquettes and drop ping them in the grill you would take one of these units looking somewhat like a Jiffy-Pop container and place it in the bottom of the grill, and light it, just as you would conventional charcoal. Except that this fuel consists of a solidified form of ethanol which i clean burning and works the same way a normal cbarcoal grill would operate. Here are our questions: l. lassiticalion. After several phone conversations with the DOT, it was determined that a solidified form of ethanol would best be described as "U N317S. Solids, containing flammable liq uid. n.o.s., Div 4.1, PG II." However there is no fo r m of absorbed or frecflowing liquid involved, it is simpl~ et hanol in a solid form. Would the DOT feel that a Flammable Solid. n.n.s. description would be more appropriate for something as described above? Interpretation Request DOT Small Quantity Provisions ( 173.4) ORM-D Together in Same Outer Packaging Page 1#

Page 42. Mixed Packaging. My client intends to ship this product as a Consumer Commodity, ORM-D as we believe it meets the definition in 171.8 and the limits of 173.151. My client · wanls to include a book of safety matches in with the unit and we are intending to offer a "mixed packaging" So inside Ihis one combination package we would have one inner packaging of the ethanol briq uettes (actually they have a consistency more like ba rs of soap) and one book of safety matches. We would like to ship the matches under the 49 CFR 173.4 Small Quantity Exception, as the book of matches only weighs a few grams so we are within the limits of 173.4(a)(I)(ii) which allows for inner receptacles (or in our case each "article") of up to 30g each. The matches are encased in the book whkh is in turn glued (using non-fl ammable adhesive) to the side of the inner pack:lging for the solidified ethanol. A nd the book of matches, attached to the con tainer of solid ethanol fuel is th en slid inside a cardboard slipcover which wo uld act as an "inside packaging" as per 49 FR 173.4(a)( 4). This completed "inside packaging" is then loaded with oth er similar inside packagings into a strong outer packaging. It is our intention th at the "strong outer packaging" will meet both the req uiremen ts of the small quantity exception in 49 CFR 173.4(a)(4) and the Consumer 'ommodity/ORM-D requirement for a strong outer packaging. The completed packaging would be marked both as an O RM-D and as an excepted packaging/smaU quantity exception under 173.4 for domestic ground shipping. OR -0 __________________~ AN D This package conforms to 49 CFR 173.4 for domestic highway or rail transport on Iy. 'Ve believe we have met the requirements for each as shown below: DOT Small Q uantity Exception 173.4 (Matches) DOT Consumer Commodity Exception 173.151 (Solid Ethanol Barbeque Fuel) Each "article" is less than 30g Each inner packaging is 1 kg or less Each article is covered by a cardboard slipcover which will function as an " inside pack a~i ng " - Each inside packagi ng is th en loaded in a strong outer packaging not over 29 kg G total weight. Each in ner pac kaging is loa ded in a strong outer packaging not over 29 kg G total weight and thus is within bot h the 29kg li mit and the 30 kg limit for limited quantities. Interpretation Request DOT Sm all Quantity Provi sions ( 173.4) ORM-D Together in Same Outer Packaging Page 2#

Page 5Each outer packaging is marked according to 173.4(a)(I) Each outer packaging is marked with the proper shipping name "Consumer Commodity" and ORM-D. So, do you see anything wrong with the logic here? It seems acceptable under the HMR to have a combination packaging of mixed contents, both the same hazard class (4.1) and dual mark that one package (not an overpack but a combination package) as both 173.4 Small Quantities for the matches and Consumer Commodity, ORM-D for the "briquettes". Again, this would be for ground shipping only. (3) Last question if we followed the requirements for domestic DOT air shipping (not ICAO) under 173.4a and the requirements for shipping ORM-D by Air, is there any reason we could not to that as well? Obviously we'd take into account the normal conditions of transport by air (changes in pressure, temperature, vibration, etc) and properly mark it as ORM-D Air and offer shippers certification for any air move. Thank you very much for your help. Jim Powell Transportation Development Group 2023 E. Sims Way Ste 372 Port Townsend, WA 98368 1-800-949-4834 Interpretation Request DOT Small Quantity Provisions (173.4) ORM-D Together in Same Outer Packaging Page 3#