Aluminio No. 7 — Hazardous Materials Safety Interpretation

Page 1U.S, Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. SE Washington. D,C. 20590 MAR 0 1 2011 Ms, Isabel Martinez Fuego Envasado Aluminio No, 7 Frace. Esfuero Nacional, Xaiostoc, Estado de Mexico, c.P. 55320 Mexico Reference No.: 11-0018 Dear Ms. Martinez: This responds to your letter requesting a review of your products and their classification under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter you enclosed two Material Safety Data Sheets (MSDS) for two variations of your product, "Fuego Envasado." a gelled Methanol and gelled Ethanol chafing fuel. Specifically, you request a letter confirming your conclusions regarding the classification of these products as hazardous materials, their respective proper shipping names and their eligibility for the consumer commodity ORM-D exception provided in § 173.150. You state your products would be described as "UNI993, Flammable liquids, n.o.s., 3, PG III." In accordance with § 173.22, it is the shipper's responsibility to properly class and describe a hazardous material. This Office does not perform that function. However, based on the information you provided in your letter and enclosed MSDS, it is the opinion of this Office that the proper shipping names and identification numbers you selected are appropriate, provided the products do not meet the definitions of any other hazard classes, such as Division 6.1. It should be noted however, that if a material is described on a shipping paper by a proper shipping name identified by the letter "G" in Column (1) of the § 172.101 Table, the technical name of the hazardous material must be entered in parentheses in association with the basic description unless otherwise excepted (i.e. Methanol or Ethanol). You state that your product is packed in 7.0 fluid ounce tin cans and then further packed in a case with a total gross weight of 57.1 pounds. Generally, a consumer commodity, as defined in § 171.8, is a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. A Class 3 (flammable liquid) material packaged for shipment in accordance with the limited quantity provisions in § 173.150 that meets the definition of a consumer commodity may be renamed "Consumer commodity" and reclassed as ORM-D#

Page 2material. Packages containing an ORM-D material must be marked in accordance with § 172.316. Based on the information provided in your letter, it is the opinion of this Office that your products may be transported as consumer commodities. I hope this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, rr#L~--- T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3tne. O. LVII IL:''tnVI N!!~~lb ~. 1 ,~ ~' -genedic:,-!~ll2..IDJ ~ 113· J~ 6 c§ "~~ ~ C. lu:~s ihcc....·h'OYl December 28, 2010 11- DO I@ U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 0 c- o Office of Hazardous Material Safety J;;!t.o z ::::! :;0 East Building, 2nd Floor I (j') Mail Stop: E21-317 (J1 1200 New Jersey Ave., SE -0 ........ -.­ ....l>. :;=0 Washington, DC 20590 :;:.'::::c r202-366-0656 .. :""3: 0 U'J 202-366-5713 (Fax) W ~ Via Facsimilg .Our Company Fuego Envasado is a Mexican manufacturer of Gelled Methanol, and Gelled Ethanol used as chafing fuel for keep the food warming (like Sterno brand). These products are packed in 7.0 FL OZ tin can and they are packaged in a· form intended Oi' suitable for retail sale, and the gross weight is 57.1 pound per case of each producL They are classified as a flammabl.e liquid, N.O.S. 3 UN1993 III. We are in the process of export these products to USA territory by ground, and we will appreciate your clarification about: 1. If our products could be classifying as a Consumer Commodity, ORM~D materials, under provisions in 178.8 and 173.150. of the HMR. We enclosed MSDS for each one of our products. 2.. The Sterno MSDS show its produCts as N.O.S. 3 UN1993 III, while Ecoflame arid Candle Lamp MSDS'5 show their products as N.O.S. 4.1, UN1325, 111 and they are gelled methanol and ethanol as our products. Would you please clarify If our classification is correct? Our flash point is 86.9 F for each product. Thank you in advance for you attention to this inquire and if you need any additional information, please let me know. ~:;:1i;( ~h -." ~bel Ma:rte~ Export Department Fax: (5255) 5569-2895 Email: i.martinez@masterbatch.com FUEGO E;NVASADO, S.A. DE C.V. Aluminio No.7. Frace, Esfuerzo Nacional. Xa.lostoc. Eslado de Mexico, C.P. 55320 Tel. +52 55 5569 2890 I 01 800 70 12000 Fal( +6255 5569 6895 www.fuegoenvasadQ.cQm.mxventas@fuegoenvasado.com.mx MEXICO MONTERREY GUADALAJARA CANCUN .,.'#