{"operation":"document","citation":"14-0141","title":"Innovage, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-12-17","effective_on":null,"summary":"14-0141 response to Innovage, LLC concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0141.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0141.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0141","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140141.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDEC 1 7 2014\nMr. Ron Van Bavel\nVice President\nInnovage, LLC\n19517 Pauling\nFoothill Ranch, CA 92610\nRef. No.: 14-0141\nDear Mr. Bavel:\nThis is in response to your email dated July 15, 2014 requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) regarding transportation requirements\nfor table tennis balls (ping pong balls). You note that your company is considering importing\nsets that contain four table tennis balls in each set. You state that the table tennis balls are\nmade of celluloid. You ask if finished goods such as table tennis balls made of celluloid are a\nregulated commodity under the HMR.\nIn accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous\nmaterial. This office generally does not perform this function. However, it is the opinion of\nthis office that the entry for UN 2000 Celluloid only applies when the material is in a pre-\nmanufactured state i.e. blocks, rod, rolls, sheets, tubes etc. PHMSA regulates the\ntransportation in commerce of materials it determines are hazardous in that \"the amount and\nform [of the material] may pose an unreasonable risk to health and safety or property.\nU.S.C. 5103, as delegated to PHMSA in 49 CFR 1.53(b). Based on the information provided\nin your letter, including form and quantity of celluloid contained in the table tennis balls, it is\nour determination the table tennis balls are not in a quantity and form that pose an\nunreasonable risk to health, safety or property during transportation and, therefore, are not\nsubject to regulation under the HMR.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nshre Che\nShane C. Kelley\nActing International Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nwash\n173.213, 173.240\nPackaging Spees\nDodd, Alice (PHMSA)\n14-0141\nFrom:\nCiccarone, Michael CTR (PHMSA)\nSent:\nTuesday, July 15, 2014 2:09 PM\nTo:\nHazmat Interps\nSubject:\nFW: Formal request for interpretation regarding Ping Pong balls as dangerous goods\nAttachments:\n20140709064641934 pdf; MSDS.PDF\nShante and Alice,\nWe received this request for a letter of interpretation here at the info center. This person spoke with Mike Pagel in the\nHMIC, who discussed the topic with Steve Webb.\nThanks,\nMike\nFrom: Ron Van Bavel [mailto:rvb@innovage.net]\nSent: Tuesday, July 15, 2014 1:59 PM\nSubject: Formal request for interpretation regarding Ping Pong balls as dangerous goods\nTo: INFOCNTR (PHMSA)\nI was given this email address by Mike, one of the people that answers telephone calls at the Hazardous Materials Info\nD.O.T. team,\nCenter.\nOur company is looking at importing beer pong sets into USA. Each set includes 22 cups, 1 pen, 1 mat, and 4 ping pong\nballs. There will be 1,083 sets in a 40'HQ container, or a total of 4,332 balls. The balls are made of celluloid (see attached\nMSDS).\nIt seems celluloid is regulated internationally by UN2000, which states that \"Celluloid, in blocks, rods, rolls, sheets, tubes,\netc. (except scrap)\" is considered hazardous.\nI have also attached a UN memo that addresses how UN2000 has been misinterpreted so that anything containing\npong balls are not considered DG. In my opinion, it isn't changing UN2000, it is just clarifying things to make it clearer so\ncelluloid must be DG. The attached memo proposes to clarify UN 2000 so that it is clear that finished goods such as ping\nthat parties do not misinterpret UN2000 by considering finished goods to be hazardous.\nAs such, I am asking the D.O.T. to provide their interpretation of UN2000 and confirm that finished goods such as ping\npong balls are not subject to UN2000 or as dangerous goods.\nThanks for your help and time on this matter. I can be reached via email or my direct telephone number is 949-609-5047.\nRegards, Ron Van Bavel\nVP - Innovage LLC\nTel: 949-609-5047\nFax:949-587-9024\nThe information in this email (including any attachments) is confidential and is intended solely for the addressee. If the\n************************************\nreader of this message is not the intended recipient, any use, dissemination, distribution or reproduction of this message\nis not authorized and may be unlawful. If you have received this communication in error, please notify the sender by\nreplying to this message then deleting it. Thank you.\n1\n\n<<<PAGE 3>>>\n\n\n\n<<<PAGE 4>>>\n\nFROM :Y\nFAX NO.\n2008.09.04 5:35\nP1\n09/0L/2608\n14:Z4\n557185330÷27\nPAGE 01\nMATERIAL SAFETY DATA SHEET\nSection 1.Product Identification\nName: Table Tennis Ball\nSynonyms: CELLULOID\nContact Information: Zhejiang Shuguang Sport Equipment Co., Ltd.\nAnji County Liangpeng Intistry Area, Zhejiang.\nProvince, Chima\nEmergency Phil: 0086-571-86330893\nIndo Ph#: 0086-571-86330723\nSection 2.Summary Of Hazards\nWarning!\nInhalation of concentrated boiling vapor may imitate nose & throat may\nimitate eyes.\nSection3. Physical Properties\nCOMBUSTBLES:IT IS EASY TO BURN AND IGNITION\nDECOMPOSED AT THE TEMPERTURE 180°C\nPROPORTION:1.40\nSection4. Fire And Explosion Hazard information\nFire and Explosion Flazards:\n- •\nDecomposition under fire conditions will generate carbon mon\nAGENC\nand phenol, and may generate other toxic vapors.\nSHANGHA TE\nL***2\nCo\n# 35\n. *\n*\n\n<<<PAGE 5>>>\n\nFROM : Y\nFAX NO. :\n2008.09.04 5:35\nP2\n03/01/2028\n14:24\n057186330427\nPAGE 01\nSection5.Hazard Ratings For Celluloid\nHMIS\nHealth\nRATINGS\nFlammability\nSection6.Health Hazard Information\nAcute Health Hazard:\nInhalation: Inhalation of concentrated boiling vapor may irritate the\nnose and throat.\nEye Contact:May cause eye irritation\nSkin Contact: Safety.\nIngestion: May be harmful id swallowed.\nSection Protective Equipment And Exposure Control Methods\nDO NOT KEEP IT NEAR THE FIRE OR PUT IN THE PLACE OF\n• HIGH TEMPERATURE.\nSection8. Reactivity Bata\nStability: Stable\nSection?, Splll Or Leak Procedures\nSection10. Waste Disposal\nDisposal must be made in accordance with appsicable\ngo\nemmenta\nTCH!\nAGENC\nTAKAAR\nregulations. Do not contaminate any streams, likes, or ponds.\n*\n\n<<<PAGE 6>>>\n\nFROM : Y\nFAX NO. :\n2008.09.04\n5:35\nP3\nSection11.Additional Precautions\n1. THE PRODUCT SHOULD BE STOCKED IN THE AIR-FREE\nWAREHOUSE TO KEEP DRY AND FROM HEAT.\n2. DO NOT KEEP IT NEAR THE FIRE OR PUT IN THE PLACE OF\nHIGH TEMPERATURE.\n3. DO NOT PUT IT TOGETHER WITH COMBUSTIBLES.\nEXPLOSIONS OR ACITY.\n4. BY TRANSITION,DO NOT PRESS HEAVILY.KEEP IT FROM\nEXPOSING TO THE SUN AND RAIN.\nSection12. OSHA/SARA/Titie III/TSCA Information\nCelluloid is not listed as an Extremely Hazardous Substance\nunder Section 302 of SARA Title III.\n*\nCelluloid is not subiect to the reporting requiremonts of S\nCOM\n312 of SARA Title ILl.\nCelluloid does nor contain ingredientsat a level of 1% or more)on the\nList of Toxic Chemicals of SARA Title III.\n1 FREIGHT AGENCY\nCHANGHA\nSection13.Handling and Storage\nPrecautions in Handling Apply according to good manufacturing and\nindustrial hygiene practices with proper ventilation Do not drink,eat or\nsmoke while handing Respect good personal hyglene.\nStorage Conditions:Store in cool, dry and ventilated area away from heat\n:\n\n<<<PAGE 7>>>\n\nFROM :Y\nFAX NO. :\n2008.09.04 5:36\nP4\nsources.\nSection 14.Transport Regulations\nClass\nRoad\nNR\nAir\n• NR\nSea\nNR\nSection15. Regulatory Information\nHazards\n. -\nSymbots\n-\nR.Phrases\n-\nS.Phrases\n-\nSection16.Other Information\nThe above information is belleved to be comect but does not purport to\nbe all inclusive and shall be used only an a guide\nFREIGHT AGENCY\nCHANGHA\nMSDS Creation Date:9/03/2008\nMADS Revisde Date: 9/03/2008\n\n<<<PAGE 8>>>\n\nUnited Nations\nST/SG/AC.10/C.3/2014/33\nSecretariat\n31 March 2014\nDistr.: General\nOriginal: English\nCommittee of Experts on the Transport of Dangerous Goods\nand on the Globally Harmonized System of Classification\nand Labelling of Chemicals\nSub-Committee of Experts on the Transport of Dangerous Goods\nGeneva, 23 June- 2 July 2014\nForty-fifth session\nItem 4 (c) of the provisional agenda\nListing, classification and packing: miscellaneous\nClarification of requirements applicable to UN 2000, celluloid\nTransmitted by the Dangerous Goods Advisory Council (DAC)'\nIntroduction\nindicate that sports balls are not subject to the Model Regulations. 2.2.2.4 states: \"Gases of\n1.\nAt a previous session, the Sub-Committee agreed to include a provision in 2.2.2.4 to\nintended for use in sports\". Nevertheless, it has come to DAC's attention that some\nDivision 2.2 are not subject to these Regulations when contained in the following: Balls\ntransporting them as regulated goods under the entry UN 2000, Celluloid. Some airline\nmanufacturers of tennis table (ping pong) balls that are manufactured from celluloid are\npersonnel and competent authorities have suggested that celluloid tennis table balls are\nsubject to the transport regulations and questioned whether the exception in 2.2.2.4 applies.\nWhile some may think that it should be obvious that celluloid table tennis balls are not\nDGAC has uncovered Safety Data Sheet documents related to celluloid tennis table balls.\nsubject to the Model Regulations there appears to be a need for clarification.\nadded dyes and other agents. They were generally considered the first thermoplastics and\nCelluloids are a class of compounds created from nitrocellulose and camphor, with\nare easily molded and shaped. While the entry \"UN 2000, CELLULOID in block, rods,\ntubes, etc. except scrap there seems to be confusion that is leading to some individuals\nrolls, sheets, tubes, etc., except scrap\" specifically mentions in block, rods, rolls, sheets.\nbelieving that the entry applies to manufactured articles such as jewelry, guitar picks,\nbilliard balls, dolls, picture frames, charms, hat pins, buttons, buckles, stringed instrument\nIn accordance with the programme of work of the Sub-Committee for 2013-2014 approved by the\nCommittee at its sixth session (refer to ST/SG/AC.10/C.3/84, para. 86 and ST/SG/AC.10/40, para.\n14).\nGE.14-\nPlease recycle\n\n<<<PAGE 9>>>\n\nST/SG/AC.10/C.3/2014/33\nDGAC suggests that there may be a need to further clarify that the entry should not be used\nparts, accordions,\nfountain pens, cutlery handles, kitchen items and table tennis balls.\nregulate quantities of celluloid raw materials used in manufacturing or materials shipped for\nfor manufactured articles. It is DGAC's understanding that the intent of UN 2000 was to\nrecycling or disposal and not consumer articles such as table tennis (ping pong) balls which\nare typically 40mm in diameter and weigh approximately 2.7 grams. DGAC does not\nbelieve that such articles pose a risk to health, safety, the environment or property during\ntransportation.\nProposal\nnot subject to the Model Regulations. DGAC requests that the Sub-Committee:\nDGAC requests that the Sub-Committee clarify that celluloid tennis table balls are\n(a)\nInclude a clear statement in the report of the 45th session indicating that\ncelluloid tennis table balls are not subject to the Model Regulations; and\n(b) Include a new SP XXX against UN 2000 as follows:\nXXX This entry does not apply to manufactured articles [such as table tennis\nballs*].\"\nThe Sub-Committee is invited to consider whether examples are necessary.","truncated":false,"body_characters":11278}