Guidanceguidance
15-0149
Tailgate In A Box — Hazardous Materials Safety Interpretation
Current as of source date Government source
RegulusPipeline researchRegulusPipeline research15-0149
Page 1of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE Materials Safety Pipeline and Hazardous Administration APR 0 1 2016 Mr. Matthew MacLean Tailgate In A Box® 27 Haring Drive Old Tappan, New Jersey 07675-7334 Reference No. 15-0149 Dear Mr. MacLean: This is in response to your July 14, 2015 e-mails and subsequent telephone conversations with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of "UN 1057, Lighters containing flammable gas, 2.1 (flammable gas)" placed in a kit your company manufactures and has named "Tailgate In A Box®." Specifically, you request confirmation of your understanding that no regulatory language exists in § 173.308 that would prevent butane lighters from being placed in one packaging with other hazardous and/or non-hazardous materials. As you have discussed with a member of my staff, the HMR permit lighters, as defined in § 171.8, that have been manufactured, examined, and successfully tested in accordance with the criteria specified in § 173.308(a) and (b) to be packaged together with other hazardous and non-hazardous materials as prescribed in §§ 173.21(e), 173.24(e)(4), 173.24a(c)(1), and 173.308(c), (d) and (e). You stated that the lighter would be placed in a fiberboard box with paper and plastic eating utensils and paper products, and one aluminum tray filled with "Instant Lighting Charcoal Briquets," manufactured by Royal Oak Enterprises, LLC, in Roswell, GA. The material safety data sheet (MSDS) you provided for the briquettes describes them as "UN 1361, Carbon, 4.2 (spontaneously combustible material), Packing Group (PG) III," when shipped by vessel and as unregulated when transported by ground under 49 CFR 172.101(c)(12)(iv). The mixture. MSDS also states the briquettes are treated with an accelerant that is a hydrocarbon solvent 49 CFR 172.101(c)(12)(iv) states that "Except when a proper shipping name in the Table is preceded by a plus (t) ...(iv) if it is specifically determined that a material is not a forbidden material and does not meet the definition of any hazard class, the material is not a hazardous material." This exception does not apply to the accelerant treated briquettes you described because the MSDS you provided describes the briquettes as a hazardous material, "UN 1361,#
Page 2Carbon, 4.2, III." This classification is not mode specific and would remain in place unless you company has specific test data that shows the material as packaged no longer meets the definition of a hazard class. I hope this satisfies your request. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#
Page 3• Edmonson • 5173,308 Dodd, Alice (PHMSA) Escutions From: Edmonson, Eileen (PHMSA) Sent: To: Wednesday, July 15, 2015 4:31 PM Dodd, Alice (PHMSA); Goodall, Shante CTR (PHMSA) Subject: FW: Exceptions for Safety Matches Ladies - Please enter this clarification letter (below) in Filemaker and assign it to me. Thanks, Eileen Edmonson USDOT/PHMSA (202) 366-7041 (f) (202) 366-4481 (w) eileen.edmonson@dot.gov (e-mail) infocntr@dot.gov (Hazmat Info Center E-mail) http://www.phmsa.dot.gov/hazmat (website) From: matthew.maclean@ecoeasyllc.com [mailto:matthew.maclean@ecoeasyllc.com] To: Edmonson, Eileen (PHMSA) Sent: Tuesday, July 14, 2015 3:42 PM Subject: Re: Exceptions for Safety Matches Elieen, To confirm our phone call, we agree that there is no language in section 173.308 that would prevent lighters from being shipped in outer container along with other contents subject to the HMR as long as lighters are packaged in accordance with all other requirements of section 173.308. Can you please confirm this? Thank you, Matthew MacLean On Tue, Jul 14, 2015 at 3:06 PM, matthew.maclean@ecoeasyllc.com <matthew.maclean@ecoeasyllc.com> wrote: Hi Eileen, Thank you for taking the time to answer my questions. I understand from our phone call that in order to ship our products commercially we need to clearly label on the outside of the product that the lighter and charcoal are contained within the package as well as make sure the hazmat diamond is clearly visible on outside shipping container. Thanks, Matt MacLean 1#
Page 4• On Tue, Jul 14, 2015 at 2:28 PM, <eileen.edmonson@dot.gov> wrote: Hello Matthew, Here is the letter we discussed concerning safety matches and their exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). http://www.phmsa.dot.gov/staticfiles/PHMSA/Interpretations/2010/100072.pdf address: infocntr@dot.gov If you wish to write us for a letter of clarification that is specific to your issue, you can e-mail it to us at the I hope this information is helpful. Sincerely, Eileen Edmonson USDOT/PHMSA 1-800-467-4922 202-366-7401 (fax) www.phmsa.dot.gov/hazmat infocntr@dot.gov Matthew MacLean http://www.instagating.com Instagate: Tailgate In A Box® Office: +1(888)-559-9486 ext. 101 2#
Page 5• Mobile: 201-741-4386 Matthew MacLean http://www.instagating.com Instagate: Tailgate In A Box® Mobile: 201-741-4386 Office: +1(888)-559-9486 ext. 101 3#
Page 6MATERIAL SAFETY DATA SHEET INSTANT LIGHTING CHARCOAL BRIQUETS ROYAL OAK SECTION I - CHEMICAL PRODUCT AND COMPANY IDENTIFICATION TRADE NAME: Instant Lighting Charcoal Briquets BRAND NAMES: Royal Oak, Great Lakes, Grill Time, Nature-Glo, Ole Diz and private labels DATE: 08/03/2010 SUPERSEDES DATE: 01/02/2009 MANUFACTURER: ROYAL OAK ENTERPRISES, LLC. ADDRESS: 1 Royal Oak Avenue Roswell, GA 300076 MANUFACTURER PHONE: 678 461-3200 24/7 EMERGENCY PHONE: CHEMTREC. 800-424-9300 24/7 HEALTH EMERGENCIES: 323-222-3212 SECTION II - COMPOSITION/INFORMATION ON INGREDIENTS CHEMICAL NAME CAS NUMBER EINECS # Char dust 16291-96-6 240-383-3 > 75 Limestone 1317-65-3 215-279-6 <10 Sawdust NE NE < 5 Hydrocarbon solvent mixture 8052-41-3 232-489-3 >10 68551-16-6 271-365-3 64742-47-8 265-149-8 SECTION III - HAZARDS IDENTIFICATION POTENTIAL HEALTH EFFECTS: ROUTES OF ENTRY: Eye contact and inhalation. TARGET ORGANS: Eyes and respiratory system. irritation. INHALATION: Overexposure to the dust from breakage may cause transitory upper respiratory SKIN CONTACT: Is not a route of entry unless through open cuts and abrasions. EYE CONTACT: Dust from the breakage may cause irritation to the eyes. INGESTION: Not likely, if swallowed seek medical attention. Page 1 of 5#
Page 7MATERIAL SAFETY DATA SHEET INSTANT LIGHTING CHARCOAL BRIQUETS MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE: May cause upper respiratory irritation and sensitive eyes. CARCINOGENICITY: Not listed by NTP or IARC. Not regulated as a carcinogen by OSHA. SECTION IV - FIRST AID MEASURES INHALATION: Move to an area free from risk of further exposure, intentional sneezing or coughing can provide comfort. No adverse effects anticipated by this route of exposure incidental to proper for 15 minutes. Seek medical attention if no relief. EYE CONTACT: Flush with clean, lukewarm water raising upper and lower eyelids at low pressure SKIN CONTACT: Wash affected areas with soap and water. INGESTION: If eaten and victim complains of discomfort, induce vomiting. Lower the head when person is vomiting to minimize entry into throat and lungs. SECTION V - FIREFIGHTING MEASURES FLASHPOINT AND METHOD: ND FLAMMABLE LIMITS: ND EXTINGUISHING METHOD: Use dry chemicals, carbon dioxide and foam. carbon. FIRE OR EXPLOSION HAZARDS: This material under complete combustion will form oxides of SPECIAL FIREFIGHTING PROCEDURES: Keep upwind of fire. Full emergency equipment with self-contained breathing apparatus and full protective clothing should be worn by firefighters. SECTION VI - ACCIDENTAL RELEASE MEASURES SPILL OR LEAK PROCEDURES: Wear PPE. Avoid breathing char dust and place the collected material in a closed container. Finish cleaning the area with small amounts of soap and water on the spill area. SECTION VII - HANDLING AND STORAGE STORAGE TEMPERATURE: Keep containers tightly closed and at room temperature. ventilation. SPECIAL SENSITIVITY: Avoid agitation of container to create breakage. Use outdoors with good HANDLING AND STORAGE PRECAUTIONS: Avoid breathing the char dust. Avoid eye contact with dust. Keep in cool dry area. Provide a cool well-ventilated area. Use normal safety procedures and good personal hygiene. SECTION VIII - EXPOSURE CONTROLS/PERSONAL PROTECTION Page 2 of 5#
Page 8MATERIAL SAFETY DATA SHEET INSTANT LIGHTING CHARCOAL BRIQUETS Limestone 15 mg/mg3 OSHA PEL Stoddard solvent, 2900 mg/m?; Char dust 0.4 mg/mg}, Sawdust 1 mg/mg and cause injury to the eyes. EYE PROTECTION: Use safety glasses or goggles, there is potential for dust exposure that may SKIN PROTECTION: Wear fabric gloves. RESPIRATORY PROTECTION: A dust respirator may be used. breakage and the burning vapors. ENGINEERING CONTROLS: Product is used outdoors, avoid breathing the char dust from SECTION IX - PHYSICAL AND CHEMICAL PROPERTIES PHYSICAL FORM: Solid. COLOR: Opaque black pillow-shaped briquets. ODOR: Hydrocarbon. SOLUBILITY IN WATER: Negligible SPECIFIC GRAVITY (water=1): 2 to 3 @ 68 °F (20 °C) SECTION X - REACTIVITY STABILITY: This product is stable material under normal conditions of storage and handling. HAZARDOUS POLYMERIZATION: Will not occur. INCOMPATIBLES: Avoid contact with strong oxidizing agents. DECOMPOSITION PRODUCTS: Product will burn and the products of complete combustion are oxides of carbon. SECTION XI - TOXICOLOGICAL/ECOLOGICAL INFORMATION Product is not toxic by definition. The significant routes of exposure are inhalation and eyes. SECTION XII - DISPOSAL CONSIDERATIONS WASTE DISPOSAL METHOD: This material is solid with char dust from breakage, wear dust mask or dust respirator and remove the solid material. Dispose according to the regulations of local, state and Federal regulatory agencies. SECTION XIII - TRANSPORTATION INFORMATION US DOT SHIPPING NAME: Not hazardous by ground shipment, per 49 CFR Part 172.101(12)(iv). Page 3 of 5#
Page 9MATERIAL SAFETY DATA SHEET INSTANT LIGHTING CHARCOAL BRIQUETS IATA SHIPPING NAME: Forbidden IMO SHIPPING NAME: UN1361, Carbon, 4.2, III Use packing instructions P002 and LP002. SECTION XIV - REGULATORY INFORMATION OSHA STATUS: This product is not hazardous under the OSHA criteria. TSCA STATUS: Not listed. CERCLA REPORTABLE QUANTITY: Not regulated under CERCLA. CALIFORNIA PROPOSITION 65: Not regulated under California Proposition 65. SARA HAZARD NOTIFICATION/REPORTING IMMEDIATE Y FIRE N SUDDEN RELEASE OF PRESSURE DELAYED N REACTIVE N SARA TITLE III: None. SECTION 302 EXTREMELY HAZARDOUS: None. SECTION 311/312 HAZARD CATEGORIES: None. SECTION 313 TOXIC CHEMICALS: None. RCRA STATUS: Not regulated under RCRA Right to Know; Product is not listed. SECTION XV - OTHER INFORMATION/APPROVALS Hazardous Materials Identification System (HMIS) National Fire Protection Association (NFPA) NFPA O Least HMIS 1 Health 1 Slight 1 Flammability O Instability 2 Moderate Health 4 Severe 3 High 0 Flammability E Reactivity PPE SECTION XVI - ABBREVIATIONS /DISCLAIMER REASON FOR ISSUE: New section XVI (16) format. APPROVAL DATE: 08/05/2010 PREPARED BY: Dennis Belau DBelau@comcast.net REVIEWED BY: Regulatory division Abbreviations: CAS # AICS Australian Inventory of Chemical Substances °c Celsius temperature scale Number Page 4 of 5#
Page 10.. • MATERIAL SAFETY DATA SHEET INSTANT LIGHTING CHARCOAL BRIQUETS Cl ECL DSL Canada China EEC Korean Existing Chemicals List EINECS # ENCS Japanese Existing and New Chemical Lis European Economic Commissio EU (Israel) MAK MAC MITI Germany MITI NA Ministry of International trade and Industry Not applicable ND Japan NE Not determined None established PICCS PPE Personal Protective Equipment Philippines SWISS Prop. Proprietary TSCA SWISS inventory of Notified New Substances Giftliste 1 (Taiwan) Toxic Substance Control Act List of Toxic Chemical Substances regulated under Taiwan Toxic Chemical Substances Control Act of 1086 UK USA United Kingdom United States Disclaimer This information above is believed to be accurate and represents the best information currently available to us. However, we make no warranty of merchantability or any other warranty, express or implied, with respect to such information, and we assume no liability resulting from its use. Users should make their own investigations to determine the suitability of the information for their or damages of any third party or for lost profits or any special, indirect, incidental, consequential or particulars purposes. In no event shall Royal Oak Enterprises, LLC be liable for any claims, losses exemplary damages, how so ever arising, even if company has been advised of the possibility of such damages Page 5 of 5#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.