{"operation":"document","citation":"11-0226","title":"Spec Ops Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-01-30","effective_on":null,"summary":"11-0226 response to Spec Ops Company concerning 171.8, 172.101, 173.219, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0226.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0226.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0226","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110226.pdf","body":"<<<PAGE 1>>>\n\nu.s. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJAN 30 l012\n':::CO New Jersey Avenue SE\nWashington. DC 20590\nMr. Jason Romero\nSpec Ops Company\nBristow Bayou Road\nBroussard, Louisiana 70518\nRef. No.: 11-0226\nDear Mr. Romero:\nThis responds to your e-mail to Mr. Shawn Wolsey ofPHMSA's Officeofthe Chief Counsel\nregarding \"Orange Smoke\" used as a signaling device under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). You enclosed a photograph of the device.\nBased on a previous letter to another company concerning a life saving kit containing flares or\norange smoke bombs, in addition to other life saving devices, you believe that your product is the\nsame and should be described as \"Life saving appliances, not self-inflating,\" in Class 9.\nSpecifically, you ask whether a material described as \"Signal devices, hand, lAG, UNO191,\nPGlI,\" is the correct shipping description for your orange smoke bombs, and if they may be\nrec1assed and renamed as \"Consumer Commodity, ORM-D\", and shipped as such for purposes\nof transportation in commerce.\nYou did not provide any detailed or specific information on the constituents or the hazard\ncharacteristics of your product. Under 49 CFR §173.22, it is the shipper's responsibility to\nproperly classify and describe a hazardous material in accordance with Parts 172 and 173 of the\nHMR. Such determinations are not required to be verified by this Office.\nIn your e-mail (6/20111), you described your product (orange smoke) as \"Signal devices, hand,\nlAG, UN0191, PGII.\" In accordance with the HMR, a material described as \"Signal devices,\nhand, lAG, UN0191, PGlI\" must be offered and transported as such. In order to reclass and\nrename your product as a \"Consumer commodity, ORM-D,\" it must meet the definition of a\nconsumer commodity in § 171.8, and there must be a limited quantity packaging exception in\nColumn 8A ofthe § 172.1 01 Hazardous Materials Table (§ 172.101 HMT) for that entry that also\ncontains a provision allowing reclassification to consumer commodity. Therefore, since there\nare no limited quantity packaging exceptions for the description \"Signal devices, hand, lAG,\nUN0191, PGlI,\" you may not reciass, rename or ship this product as a \"Consumer Commodity,\nORM-D\" in transportation in commerce.\nFor your information, a life-saving appiiance, self-inflating or not-self-inflating, in Class 9,\ncontaining small quantities of hazardous materials that are required as part ofthe life-saving\nappliance must conform to the requirements of § 173.219 (a) and (b). Such products may also not\n\n<<<PAGE 2>>>\n\nbe shipped as a \"Consumer commodity, ORM-D\" in transportation in commerce because there\nare no limited quantity packaging exceptions for that entry in the §172.1 01 HMT, and thus, no\nconsumer commodity provisions.\nI hope this information is helpful. Ifwe can be of further assistance, please contact us.\nSincerely,\n~S~\nBen Supko\nActing Chief, Standards Development Branch\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nQrakeford. Carol\nFrom: Supko, Ben (PHMSA) w .. Sa.\"''?j /tyf''''~\nSent: Wednesday, September 14, 2011 8:26 AIIII\nTo: Drakeford, Carolyn (PHMSA) 11- DZ 'Z(, .\nSubject: FW: Orange smoke Interpretation Letter request\nAttachments: Re: Orange smoke; Re: Orange smoke; Re: Orange smoke; Re: Orange smoke; FW: Smoke\nSignal; Untitled; Velocity Operations dismissal.pdf\nCarolyn,\nPlease log as an interp. Please request that the specialist work with Shawn. The section is 173.219. The letter is for\nJason Romero, from Spec Ops company.\nThanks,\nBen\nFrom: Wolsey, Shawn (PHMSA)\nSent: Tuesday, September 13, 2011 9:45 AM\nTo: Supko, Ben (PHMSA)\nSubject: Orange smoke Interpretation Letter request\nHi Ben,\nI had seen that letter. This is the same concept. I suppose I need to ask for an official interpretation letter.\nAs background, he asked based on a letter that we had written to Velocity Operations that he found on our\nwebsite. The third paragraph addressing violations 3 and 4 is what he is basing his request on. I am attaching that\nletter. We said that they had to be shipped as class 9.\nIn his June 22, 2011 email, he sent a picture of the flare in its screw cap container. He has 850 of them in his\ngarage to sell. He thinks that they are not regulated. UPS told him they are UN0191, signal devices, hand, 1.4G, PG II.\nHe wants to know how to ship them. He is hoping that they are ORM-D. I think they are Class 9, ifthey are in a kit or\nsomething, otherwise, I think that UPS is correct.\nI also sent him a picture of the Commercial Orange Smoke Bor:nbs that were involved in the Velocity case,\nhowever, they were packaged in a life saving kit.\nThanks,\nShawn\nShawn C. Wolsey\nPipeline and Hazardous Materials Safety Administration\nAttorney-Advisor\nHazardous Materials Safety Law Division\n1200 New Jersey Avenue, SE.,\nPHC-10, Room E24-320\nWashington, D.C. 20590\n(202) 366-0299 (Phone)\n(202) 366-7041 (Fax)\nshawn .wolsey@dot.gov\n1\n\n<<<PAGE 4>>>\n\nThis transmission may contain material that is confidential, privileged, and/or attorney work product for the sole use ofthe intended\nrecipient. Any review. reliance, or distribution by others or forwarding without express permission is strictly prohibited. Public\navailability is to be determined pursuant to the Freedom ofInformation Act, 5 USC 552.\nFrom: Supko, Ben (PHMSA)\nSent: Tuesday, September 13, 2011 9:09 AM\nTo: Wolsey, Shawn (PHMSA)\nSubject: RE: Orange smoke\nHere is a link to the letter that I signed on 8/30/11:\nhttp://www.phmsa.dot.gov/portal/site/PHMSA/menuitem.ebdc7a8a7e39f2eSScf20310S0248aOc!?vgnextoid=ac6aacf9\n9fb1231OVgnVCMlOOOOOlecb7898RCRD\nFrom: Wolsey, Shawn (PHMSA)\nSent: Tuesday, September 13, 2011 8:40 AM\nTo: Supko, Ben (PHMSA)\nSubject: FW: Orange smoke\nHi Ben,\nShawn\nActually, this is what he is selling. The other picture was from my past case of the item in the kit.\nShawn C. Wolsey\nPipeline and Hazardous Materials Safety Administration\nAttorney-Advisor\nHazardous Materials Safety Law Division\n1200 New Jersey Avenue, SE.,\nPHC-10, Room E24-320\nWashington, D.C. 20590\n(202) 366-0299 (phone)\n(202) 366-7041 (Fax)\nshawn. wOlsey@dot.gov\nThis transmission may contain material that is conjidential, privileged, and/or attorney work productfor the sole lise ofthe intended\nrecipient. Any review, reliance, or distribution by others or forwarding without express permission is strictly prohibited. Public\navailability is to be determined pursuant to the freedom ofInformation Act, 5 USC 552.\nFrom: Jason Romero [mailto:southernjumper@gmail.com]\nSent: Wednesday, June 22, 2011 3:41 PM\nTo: Wolsey, Shawn (PHMSA)\nSubject: Re: Orange smoke\nOn Tue, Jun 21, 2011 at 3:52 PM, Jason Romero <southemjumper@gmaiLcom>wrote:\nAny time you would like\n337-519-7826 you can call anytime if you would like\n2\n\n<<<PAGE 5>>>\n\n·On Tue, lun 21,2011 at 3:51 PM, <shawn.wolsey@dot.gov> wrote:\nM~·. Romero,\ntomorrow?\nI have been in meetings all day and I have not had the opportunity to return your call. What is a good time\nThanks,\nShawn\n3","truncated":false,"body_characters":7033}