{"operation":"document","citation":"15-0237","title":"Slide Products, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-05-11","effective_on":null,"summary":"15-0237 response to Slide Products, Inc. concerning 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0237.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0237.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0237","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150237.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nMAY 1 1 2016\nMr. Michael Muth\n130 Wheeling Roac\nSlide Products, Inc\nWheeling, IL 60090\nReference No.: 15-0237\nDear Mr. Muth:\nThis letter is in response to your November 23, 2015 email and subsequent phone call requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable\nto hot water bath testing requirements for aerosol cans. Specifically, you ask what temperature\nand length of time is required to perform a hot water bath test in accordance with § 173.306 for\nDepartment of Transportation (DOT) 2Q canisters filled to either 90% or above 95% of the can's\nfill volume.\nAs provided by § 173.306(a)(3)(v), each filled, metal aerosol container must be subjected to a\ntest performed in a hot water bath. The duration of the water bath will vary based on the\ntemperature of the water bath and the properties of the contents of the canister. If the liquid\nphase of the material does not exceed 95% of the capacity of the container at 50 °C, the\ntemperature of the bath and the duration of the test must be such that the internal pressure\nreaches that which would be reached at 50 °C (122 °F). If the contents exceed 95% capacity, the\ntemperature and duration of the test must be such that the internal pressure of the canister reaches\nthat which would be reached at 55 °C (131 °F). The HMR does not specify a method for\nmeasuring the internal temperature of the canister.\nIt should be noted that on January 21, 2016, PHMSA published a final rule in the Federal\nRegister, titled \"Hazardous Materials: Adoption of Special Permits (MAP-21) (RRR);\" (Docket\nNo. PHMSA-2013-0042 (HM-233F); [81 FR 3635]). This final rule incorporated several\nlongstanding special permits into the HMR, including those related to alternatives to the hot\nwater bath test requirements for aerosols. As of February 22, 2016, instead of subjecting the\ncontainers to a hot water bath, the following alternative tests are also authorized under\n§ 173.306(a)(3)(V):\n(A) Alternative water bath test. This paragraph authorizes a combination of a hot water bath\ntest, a weight test, and visual inspection. Only one container out of each lot of 2,000 is\nsubjected to the hot water bath test, a second is subjected to a weight test, the results of\nwhich must be compared to weight specification for the container as outlined in quality\n\n<<<PAGE 2>>>\n\ncontrol procedures, and finally, the remainder of the lot must be visually inspected by\nexamining the valve, crimp, and seam areas for evidence of leakage.\n(B) Automated pressure test. This paragraph authorizes the use of an automated process for\npressure checks (i.e., an \"automated in-line pressure check\"). This is a performance\nbased test which requires the development of operating procedures inclusive of the basic\ncomponents the procedures must address (e.g. inclusion of rejection criteria and periodic\ninspection).\n(C) Weight test.\nThis paragraph authorizes the use of an automated process to check the\nweight of filled containers (i.e., an \"automated in-line weight check\"). Comparison of\nthe weight of a container against the pre-determined target weight for the container\nprovides an indication of the proper filling of the container.\n(D) Leakage test. This paragraph authorizes the use of a high pressure air test on empty\ncontainers combined with a leakage test for filled containers.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nHern tot\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nhehman\n§ 173.306\nLunted Quanty\nDodd, Alice (PHMSA)\n15-0237\nFrom:\nSent:\nGeller, Shelby CTR (PHMSA)\nTuesday, November 24, 2015 9:48 AM\nTo:\nHazmat Interps\nSubject:\nFW: request for letter of interpretation\nDear Shante and Alice,\nForwarded is a request for a letter of interpretation. Mr. Muth's address is:\nMichael Muth\nSlide Products, Inc.\n430 South Wheeling, IL 60090\nThanks,\nShelby\nFrom: Michael Muth [mailto:Mmuth@slideproducts.com]\nTo: PHMSA HM InfoCenter\nSent: Monday, November 23, 2015 3:04 PM\nCc: Aaron Gibson; Michael Muth\nSubject: request for letter of interpretation\nGood afternoon,\nFollowing a recent inspection of our manufacturing facility by a DOT inspector, some questions were raised about water\nbath testing requirements for an aerosol manufacturer. Specifically, section 173.306. We have reviewed this CFR\ncitation numerous times, as has the DOT inspector himself, and none of us are able to completely interpret it or to make\na determination as to what we need to be doing to be compliant with the water bath testing requirement. Are you able\nto offer us a better understanding of the requirements regarding temperature, internal pressure, and fill volume\nlimits? Specifically, we use DOT 2Q cans. If we fill to a volume of 90% of the can's fill volume, to what temperature do\nwe need to warm the cans and to what internal pressure do we need to target to ensure safe cans and compliance? And\nare we are to fill to a volume level of 95% of the can's potential volume? If so, what are the temperature and volume\nlevels to target?\nThanks for any assistance and clarity you can offer. You can reach me by email at mmuth@slideproducts.com or by\ncalling 847-5471-7220.\nMichael Muth\nSlide Products, Inc.\n800-323-6433\nmmuth@slideproducts.com\n1","truncated":false,"body_characters":5473}