Royal Oak Enterprises LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 SEP 0 6 2013 Mr. Phillip Zimmerman Royal Oak Enterprises LLC One Royal Oak Ave. Roswell, GA 30076 Ref No.: 13-0161 Dear Mr. Zimmerman: This is a response to your July 31, 2013 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to the classification of Division 4.2 (spontaneously combustible) materials. Specifically, you seek clarification on whether charcoal briquettes you produce meet the definition of a Division 4.2 (spontaneously combustible) material per§ 173.124(b)(2) of the HMR. In your email, you provide data on the testing of self-heating substances for three of your products. In accordance with § 1 73 .124(b )(2), a self-heating material is a material that through a process where the gradual reaction ofthat substance with oxygen (in air) generates heat. If the rate of heat production exceeds the rate of heat loss, then the temperature of the substance will rise which, after an induction time, may lead to self-ignition and combustion. A material ofthis type which exhibits spontaneous ignition or if the temperature ofthe sample exceeds 200 oc (392 °F) during the 24-hour test period, when tested in accordance with UN Manual of Tests and Criteria, is classified as a Division 4.2 hazardous material. In accordance with§ 173.22, it is the shipper's responsibility to properly classify a hazardous material. This Office does not generally perform that function. However, based on the data you provided, the three charcoal briquette products do not meet the definition of a Division 4.2 (spontaneously combustible) material. I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office. Sincerely, Robert Benedict Chief, Standards Development Standards and Rulemaking Division#

Page 2Drakeford, Carolyn iPHMSA} From: Sent: To: Subject: Attachments: INFOCNTR (PHMSA) Friday, August 02, 2013 1:16PM Drakeford, Carolyn (PHMSA) FW: Letter of Interpretation Request Report 13048 Royal Oak_001.pdf Sucha_k ~ /7/- I tU. lb/ A Pf' iea..bi '''!::J 13-0 /0{ Hi Carolyn, This caller requested we submit this 1\:~··mall as a formal Thanks, Victoria of interpretation. From: pzingleman@royal-oak.com (.mj3ilto: pzingleman@rQYal-oak.com] Sent: Wednesday, July 31, 2013 4:53 PM To: INFOCNTR (PHMSA) Subject: Letter of Interpretation Request Good afternoon, I have received a request from a customer to whom we ship chan:oal briquettes for a product is not considered hazmat They reference CFR st~ltes for spontaneous combustion and self heating. from that our charcoal briquettes are a class 4,2 hazard My understand is that once the product passes a test it no longer class 4,2 hazard. I've attached a copy of the self-heating test I had run earlier this year for reference. regulations as a In your interpretation is this product considered a hazardous material? Thanks, Phillip Phillip Zingieman Director of Purchasing Royal Oak Enterprises LLC Royal Oak Ave. Roswell, GA 30076 P ~ 618-461-3200 X Pzing!eman@royal-oak.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, please contact the sender and delete/destroy all copies of this email and any related attachments. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. The recipient should check this email and any 1#