Innovage, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration DEC 1 7 2014 Mr. Ron Van Bavel Vice President Innovage, LLC 19517 Pauling Foothill Ranch, CA 92610 Ref. No.: 14-0141 Dear Mr. Bavel: This is in response to your email dated July 15, 2014 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding transportation requirements for table tennis balls (ping pong balls). You note that your company is considering importing sets that contain four table tennis balls in each set. You state that the table tennis balls are made of celluloid. You ask if finished goods such as table tennis balls made of celluloid are a regulated commodity under the HMR. In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material. This office generally does not perform this function. However, it is the opinion of this office that the entry for UN 2000 Celluloid only applies when the material is in a pre- manufactured state i.e. blocks, rod, rolls, sheets, tubes etc. PHMSA regulates the transportation in commerce of materials it determines are hazardous in that "the amount and form [of the material] may pose an unreasonable risk to health and safety or property. U.S.C. 5103, as delegated to PHMSA in 49 CFR 1.53(b). Based on the information provided in your letter, including form and quantity of celluloid contained in the table tennis balls, it is our determination the table tennis balls are not in a quantity and form that pose an unreasonable risk to health, safety or property during transportation and, therefore, are not subject to regulation under the HMR. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, shre Che Shane C. Kelley Acting International Standards Coordinator Standards and Rulemaking Division#

Page 2wash 173.213, 173.240 Packaging Spees Dodd, Alice (PHMSA) 14-0141 From: Ciccarone, Michael CTR (PHMSA) Sent: Tuesday, July 15, 2014 2:09 PM To: Hazmat Interps Subject: FW: Formal request for interpretation regarding Ping Pong balls as dangerous goods Attachments: 20140709064641934 pdf; MSDS.PDF Shante and Alice, We received this request for a letter of interpretation here at the info center. This person spoke with Mike Pagel in the HMIC, who discussed the topic with Steve Webb. Thanks, Mike From: Ron Van Bavel [mailto:rvb@innovage.net] Sent: Tuesday, July 15, 2014 1:59 PM Subject: Formal request for interpretation regarding Ping Pong balls as dangerous goods To: INFOCNTR (PHMSA) I was given this email address by Mike, one of the people that answers telephone calls at the Hazardous Materials Info D.O.T. team, Center. Our company is looking at importing beer pong sets into USA. Each set includes 22 cups, 1 pen, 1 mat, and 4 ping pong balls. 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 MSDS). It seems celluloid is regulated internationally by UN2000, which states that "Celluloid, in blocks, rods, rolls, sheets, tubes, etc. (except scrap)" is considered hazardous. I have also attached a UN memo that addresses how UN2000 has been misinterpreted so that anything containing pong balls are not considered DG. In my opinion, it isn't changing UN2000, it is just clarifying things to make it clearer so celluloid must be DG. The attached memo proposes to clarify UN 2000 so that it is clear that finished goods such as ping that parties do not misinterpret UN2000 by considering finished goods to be hazardous. As such, I am asking the D.O.T. to provide their interpretation of UN2000 and confirm that finished goods such as ping pong balls are not subject to UN2000 or as dangerous goods. Thanks for your help and time on this matter. I can be reached via email or my direct telephone number is 949-609-5047. Regards, Ron Van Bavel VP - Innovage LLC Tel: 949-609-5047 Fax:949-587-9024 The information in this email (including any attachments) is confidential and is intended solely for the addressee. If the ************************************ reader of this message is not the intended recipient, any use, dissemination, distribution or reproduction of this message is not authorized and may be unlawful. If you have received this communication in error, please notify the sender by replying to this message then deleting it. Thank you. 1#

Page 4FROM :Y FAX NO. 2008.09.04 5:35 P1 09/0L/2608 14:Z4 557185330÷27 PAGE 01 MATERIAL SAFETY DATA SHEET Section 1.Product Identification Name: Table Tennis Ball Synonyms: CELLULOID Contact Information: Zhejiang Shuguang Sport Equipment Co., Ltd. Anji County Liangpeng Intistry Area, Zhejiang. Province, Chima Emergency Phil: 0086-571-86330893 Indo Ph#: 0086-571-86330723 Section 2.Summary Of Hazards Warning! Inhalation of concentrated boiling vapor may imitate nose & throat may imitate eyes. Section3. Physical Properties COMBUSTBLES:IT IS EASY TO BURN AND IGNITION DECOMPOSED AT THE TEMPERTURE 180°C PROPORTION:1.40 Section4. Fire And Explosion Hazard information Fire and Explosion Flazards: - • Decomposition under fire conditions will generate carbon mon AGENC and phenol, and may generate other toxic vapors. SHANGHA TE L***2 Co # 35 . * *#

Page 5FROM : Y FAX NO. : 2008.09.04 5:35 P2 03/01/2028 14:24 057186330427 PAGE 01 Section5.Hazard Ratings For Celluloid HMIS Health RATINGS Flammability Section6.Health Hazard Information Acute Health Hazard: Inhalation: Inhalation of concentrated boiling vapor may irritate the nose and throat. Eye Contact:May cause eye irritation Skin Contact: Safety. Ingestion: May be harmful id swallowed. Section Protective Equipment And Exposure Control Methods DO NOT KEEP IT NEAR THE FIRE OR PUT IN THE PLACE OF • HIGH TEMPERATURE. Section8. Reactivity Bata Stability: Stable Section?, Splll Or Leak Procedures Section10. Waste Disposal Disposal must be made in accordance with appsicable go emmenta TCH! AGENC TAKAAR regulations. Do not contaminate any streams, likes, or ponds. *#

Page 6FROM : Y FAX NO. : 2008.09.04 5:35 P3 Section11.Additional Precautions 1. THE PRODUCT SHOULD BE STOCKED IN THE AIR-FREE WAREHOUSE TO KEEP DRY AND FROM HEAT. 2. DO NOT KEEP IT NEAR THE FIRE OR PUT IN THE PLACE OF HIGH TEMPERATURE. 3. DO NOT PUT IT TOGETHER WITH COMBUSTIBLES. EXPLOSIONS OR ACITY. 4. BY TRANSITION,DO NOT PRESS HEAVILY.KEEP IT FROM EXPOSING TO THE SUN AND RAIN. Section12. OSHA/SARA/Titie III/TSCA Information Celluloid is not listed as an Extremely Hazardous Substance under Section 302 of SARA Title III. * Celluloid is not subiect to the reporting requiremonts of S COM 312 of SARA Title ILl. Celluloid does nor contain ingredientsat a level of 1% or more)on the List of Toxic Chemicals of SARA Title III. 1 FREIGHT AGENCY CHANGHA Section13.Handling and Storage Precautions in Handling Apply according to good manufacturing and industrial hygiene practices with proper ventilation Do not drink,eat or smoke while handing Respect good personal hyglene. Storage Conditions:Store in cool, dry and ventilated area away from heat :#

Page 7FROM :Y FAX NO. : 2008.09.04 5:36 P4 sources. Section 14.Transport Regulations Class Road NR Air • NR Sea NR Section15. Regulatory Information Hazards . - Symbots - R.Phrases - S.Phrases - Section16.Other Information The above information is belleved to be comect but does not purport to be all inclusive and shall be used only an a guide FREIGHT AGENCY CHANGHA MSDS Creation Date:9/03/2008 MADS Revisde Date: 9/03/2008#

Page 8United Nations ST/SG/AC.10/C.3/2014/33 Secretariat 31 March 2014 Distr.: General Original: English Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals Sub-Committee of Experts on the Transport of Dangerous Goods Geneva, 23 June- 2 July 2014 Forty-fifth session Item 4 (c) of the provisional agenda Listing, classification and packing: miscellaneous Clarification of requirements applicable to UN 2000, celluloid Transmitted by the Dangerous Goods Advisory Council (DAC)' Introduction indicate that sports balls are not subject to the Model Regulations. 2.2.2.4 states: "Gases of 1. At a previous session, the Sub-Committee agreed to include a provision in 2.2.2.4 to intended for use in sports". Nevertheless, it has come to DAC's attention that some Division 2.2 are not subject to these Regulations when contained in the following: Balls transporting them as regulated goods under the entry UN 2000, Celluloid. Some airline manufacturers of tennis table (ping pong) balls that are manufactured from celluloid are personnel and competent authorities have suggested that celluloid tennis table balls are subject to the transport regulations and questioned whether the exception in 2.2.2.4 applies. While some may think that it should be obvious that celluloid table tennis balls are not DGAC has uncovered Safety Data Sheet documents related to celluloid tennis table balls. subject to the Model Regulations there appears to be a need for clarification. added dyes and other agents. They were generally considered the first thermoplastics and Celluloids are a class of compounds created from nitrocellulose and camphor, with are easily molded and shaped. While the entry "UN 2000, CELLULOID in block, rods, tubes, etc. except scrap there seems to be confusion that is leading to some individuals rolls, sheets, tubes, etc., except scrap" specifically mentions in block, rods, rolls, sheets. believing that the entry applies to manufactured articles such as jewelry, guitar picks, billiard balls, dolls, picture frames, charms, hat pins, buttons, buckles, stringed instrument In accordance with the programme of work of the Sub-Committee for 2013-2014 approved by the Committee at its sixth session (refer to ST/SG/AC.10/C.3/84, para. 86 and ST/SG/AC.10/40, para. 14). GE.14- Please recycle#

Page 9ST/SG/AC.10/C.3/2014/33 DGAC suggests that there may be a need to further clarify that the entry should not be used parts, accordions, fountain pens, cutlery handles, kitchen items and table tennis balls. regulate quantities of celluloid raw materials used in manufacturing or materials shipped for for manufactured articles. It is DGAC's understanding that the intent of UN 2000 was to recycling or disposal and not consumer articles such as table tennis (ping pong) balls which are typically 40mm in diameter and weigh approximately 2.7 grams. DGAC does not believe that such articles pose a risk to health, safety, the environment or property during transportation. Proposal not subject to the Model Regulations. DGAC requests that the Sub-Committee: DGAC requests that the Sub-Committee clarify that celluloid tennis table balls are (a) Include a clear statement in the report of the 45th session indicating that celluloid tennis table balls are not subject to the Model Regulations; and (b) Include a new SP XXX against UN 2000 as follows: XXX This entry does not apply to manufactured articles [such as table tennis balls*]." The Sub-Committee is invited to consider whether examples are necessary.#