Mainstream Engineering Corp. — Hazardous Materials Safety Interpretation

Page 1- : of Transportation U.S. Department Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Special Programs Administration FEB 1 6 1999 MI. Lawrence R. Grzyll Ref. No. 98-0330 Mainstream Engineering Corp. Pines Industrial Center 200 Yellow Place Rockledge, FL 32955 Dear Mr. Grzyll: This is in response to your letter dated October 27, 1998, regarding marking and labeling requirements for overpacks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter you stated that you are shipping one hazardous material under the small quantity exception provided in S 173.4 and another hazardous material under: the terms of exemption DOI-E-10232. Specifically you ask if it is permissible to overpack these packages together and if so what markings and labels are required on overpacks. : .. Authorized packages containing hazardous materials may be offered for transportation in an overpack, if all the conditions in $ 173.25 are met. An overpack, as defined in § 171.8, is an enclosure used by a single consignor to provide protection or convenience in handling of a package or to consolidate two or more packages (i.e., a protective outer packaging such as a box or crate, or secured to a pallet by shrinkwrapping, strapping, etc.). Each inner package must be marked and labeled in accordance with the HMR. In addition, each overpack must be marked with the proper shipping name and identification number, and labeled for each hazardous material it contains. The overpack ust also be marked with a statement indicating that insid inner) packages comply with prescribed specifications whe specification packagings are required, unless the specification markings on the inside packagings are visible. 173.25#

Page 2: However, an overpack is not required to be marked with the proper shipping name and identification number, or labeled for any hazardous material packaged in accordance with § 173.4. I hope this satisfies your request. Sincerely, oohn A. Gale Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 3.... BAH § 173.25 MAINSTREAM Engineering Corporation 98-0330- October 27, 1998 Attn: Standards Division U.S. Dept. of Transportation Research and Special Programs Administration 400 7* St. SW Washington, DC 20590 Dear Sir/Madam: We are a manufacturer and shipper of commercial products for the air-conditioning and refrigeration industry. One of our products is currently packaged and shipped per 49CFR 173.4, Exceptions for Small Quantities. Another of our products is packaged and shipped per DOT Exemption E-10232. Is it possible for us to ship both of those products in a common, outer, shipping container (overpack), provided the separate, inner shipping boxes are not changed or modified from their respective specifications (173.4 and B-10232)? If so, what labeling must be placed on the outer shipping box? We appreciate a timely response to this inquiry. I can be reached by phone at 407-631-3550 if there are any questions or if further discussion is needed. Thank you for your assistance in this matter. • Lawrence R. Grzyll Senior Chemical Engineer Pines Industrial Center • 200 Yellow Place • Rockledge, FL 32955 • (407) 631-3550, 3551#

Page 4US Department of Iransportation Research and Special Programs € Administration FIRST REVISION October 23, 1990 DOT-E 10232 (EXTENSION) In accordance with 49 CFR 107.105 of the Department of Transportation (DOT All other terms of the exemption remain unchanged. application (s) This extension applies received in accordance with 49 CFR 107.105. only to party (ies) listed below based on the constitutes a necessary part of this exemption and must be attached to it. JUL - 7 1994 - (DATE) Associate Administrator Dist: FHWA FRA USCG FAA EXEMPTION HOLDER APPLICATION DATE Sexton Can Company, Inc. Cambridge, MA May 27, 1994 ADVISORY • IE YOU ARE A HOLDER OE AN EXEMPTION THAI AUTHORIZES THE USE OE A PACKAGING NON-BULK CAPACITIES LISTED ABOVE IN ADDITION, NO NEW CONSTRUCTIO! INFORMATION THE CONTINUATION OF THE UNLESS THE APPLICATION#

Page 5of Transportation U.S. Department 400 Seventh Stree! S W Washington DC 20590 Research and Special Programs Administration APR I I 1995 (SECOND DOT-E 10232 REVISION) EXPIRATION DATE: May 31, 1996 (FOR RENEWAL, SEE 49 CFR SECTION 107.105.) 1. GRANTEE: Sexton Can Company, Inc., Cambridge, MA. 2. PURPOSE AND LIMITATION: This exemption authorizes the manufacture, mark and sale of packagings conforming in part with the DOT Specification 20, to transport certain refrigerant gases. This exemption provides no relief from any regulation other than as specifically stated. 3. REGULATORY SYSTEM AFFECTED: 180. 49 CFR Parts 106, 107 and 171- 4. REGULATIONS FROM WHICH EXEMPTED: 49 CFR Sections 173.304, 173.306 (a), 178.33a-2 178.33a-6 (c), 178.33a-8, (b), 178.33a-6 (b), and 178.33a-9. 5. BASIS: This exemption is based on the Sexton Can Company information dated December 11, 1989, September 28, 1990, and Inc.'s application dated July 21, 1989, and supplemental December 12, 1994, submitted in accordance with 49 CFR 107.103 and the public process thereon. 6. HAZARDOUS MATERIALS (49 CFR 172.101): Hazardous materials description/proper Hazard Class/ shipping name Division Identification Packing number Group Refrigerant gases, 2.2 UN1078 n/a n.o.s.#

Page 6Continuation of 2nd Rev. DOT-E 10232 APR 1 / 1995 Page 2 7. PACKAGING AND SAFETY CONTROL MEASURES: 6 a. PACKAGING - Packaging prescribed is a nonrefillable non-DOT specification inside metal container conforming wit sexton Can Company drawing No. LP-86-123 dated June 5, .198€ can company dra on file with OHMS, and DOT Specification 2Q (49 CFR 178.33a). except as follows: $ 178.33a-2 Type and size. (a) * * * (b) The maximum capacity of the containers cubic inches (18.5 fluid ounces). The maximum diameter manufactured under this exemption may not exceed 33 shall not be more than 3 inches. $ 178.33a-6 Manufacture. (a) *** (b) *** (2) Side seams are not permitted. (c) Ends: The ends shall be designed to withstand pressure and bottom end is fitted with a pressure relief device (PRD). b. TESTING - $ 178.33a-8 Tests. Burst Test. For the purpose of qualification burst tests, batch or part thereof shall constitute a lot. each 5000 containers or less, successively produced as a Two containers, one with a PRD and one without a PRD; taken randomly from each lot and complete with the ends assembled must be pressure tested to destruction. The burst pressure of containers fitted with a bottom PRD may not be below 250 psig. The burst pressure of 370 psig. containers without a bottom PRD may not be less than If either of the test container fails to rejected. neet the above requirements, the lot shall be However, an additional 5 randomly selected pairs of containers from that lot may be burst. tested to quality that lot. If any of the additional test rejected. containers fail the burst test, that lot must be#

Page 7APR I | 1995 Continuation of 2nd Rev • DOT-E 10232 Page 3 C. MARKING - § 178. 33a-9 Marking. (a) *** (1) "DOT-E 10232" in place of "DOT 2Q". (2) * * * d. accordance Each packaging must be prepared and shipped in with the following: (1) The filling density may not exceed 87 percent. (2) be heated until the pressure in the container is Prior to shipment, each completed container must equivalent to the equilibrium pressure of the lading at 130°F. 1 fill the container at 130°F. Acceptable containers must Liquid content of lading may not completely defect: show no evidence of leakage, distortion or other (3) The container must be packed in a strong outside. packaging as prescribed in 49 CFR 173.301 (k). (4) CONTAINERS COMPLY WITH DOT-E 10232". Each outside packaging must be marked "INSIDE containers filled with a material meeting the (5) Notwithstanding the requirements of d. (4), definition of a may be shipped in accordance with 49 CFR 173.306 (h) "consumer commodity" in 49 CFR 171.8 and renamed "consumer commodity" and reclassed as an ORM-D me earked INSIDE CONTAINS COMPLY WITH DOT-E 10232". These outside packagings are not required to 8. SPECIAL PROVISIONS: a. Offerors for transportation of hazardous materials specified in this exemption may use the packaging described materials so long in this exemption for the transportation of such hazardous he packages, all terms of this exemption are complied with. as no modifications or changes are made to and a copy of the current exemption is maintained at each facility from which such offering occurs. Shippers using the packaging covered by this exemption must comply with all provisions of this exemption, and all other applicable requirements contained in 49 CFR 180. Parts 171- (#

Page 8continuation of 2nd Rev. DOT-E 10232 APR I | 1995 Page 4 C. Shippers using the packaging covered by this exemption must comply with all provisions of this exemption, and all 180. other applicable requirements contained in 49 CFR Parts 100- be maintained at each manufacturing facility at which this A copy of this exemption, in its curtent status, must packaging is manufactured and must be made available to a DOT representative upon request. e. this exemption must be either (1) marked with the name . Each packaging manufactured under the authority of of the manufacturer and location (city and state) of the facility at which it is manufactured or (2) marked with a registration symbol designated for a specific manufacturing facility. E. this exemption must be kept on file and be made available Test data obtained under paragraph 7., $177.33a-8 OF upon request by OHMS. 9: MODES OF TRANSPORTATION AUTHORIZED: freight, cargo vessel, and cargo only aircraft. Motor vehicle, rail 10. MODAL REQUIREMENTS: C. A Copy of this exemption must be carried aboard each aircraft and cargo vessel used to transport packages covered by this exemption. In accordance with the provisions of 49 CFR Part 107, Appendix B to Subpart B, paragraph 3, the carrier before or at the time the shipment is tendered. shipper shall furnish a copy of this exemption to the air 11. COMPLIANCE: following may result in suspension or revocation of this Failure by a person to comply with any of the. exemption and penalties prescribed by the Federal hazardous " .= materials transportation law 49 U.S.C. 5101 et seg: All terms and conditions prescribed in this exemption and the Hazardous Materials Regulations, 49 CFR Parts 171-180. Registration required by 49 CFR. 107.601 et seg., applicable. when • amended making the exemption no longer necessary.#

Page 9APR | / 1995 Continuation of 2nd rev. DOT-E 10232 Page 5 12. REPORTING REQUIREMENTS: packaging failure to the Associate Administrator for any incident involving loss of packaging contents or • Hazardous Materials Safety (AAHMS) as soon as practicable. under the authority of (49 CFR 171.15 and 171.16 apply to any activity undertaken holder (s) of this exemption must inform the AAHMS, in this exemption.) In addition, the writing, of any incidents involving the package and shipments made under the terms of this exemption. Issued at washington, D.C.: APR | / 1995 3 Associate Aiministrator - (DATE) for Hazardous Materials Safety Address all inquiries to: Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration, Department of Transportation, Washington, D.C. 20590. Attention: DHM-31. ( The original of this exemption is on file at the above office. Photo reproductions and legible : reductions of this exemption are permitted. Any alteration of this exemption is prohibited. Dist: USCG, FAA, FHWA.#