{"operation":"document","citation":"99-0047","title":"Texas Woman's University — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-08-07","effective_on":null,"summary":"99-0047 response to Texas Woman's University concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0047.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0047.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0047","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990047.pdf","body":"<<<PAGE 1>>>\n\n•\nof Transportation\nJS. Department\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nAUG T 1999\nSpecial Programs\nAdministration\nCharles L. Riggs, Ph.D.\nRef No. 99-0047\nTexas Woman's University\nCollege of Arts and Sciences\nP.O. Box 425529\nDenton, TX 76204-5529\nDear Dr. Riggs:\nThis is in response to your letter regarding requirements for shipping chemical test kits with small\nquantities of dilute chemicals in accordance with the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). You enclosed Exhibits \"A\" and \"B.\" I apologize for the delay in responding and hope\nit has not caused any inconvenience.\nYou stated that the chemical test kits are sold by Textile Rental Services Association of America\n(TRSA). Texas Woman's University (TWU) is interested in assuming the responsibility for the\nproduction of these test kits for TRSA. The layout and content of each test kit is presented in Exhibit\n\"A\". Exhibit \"B\" contains copies of previous correspondence between Mr. J.C. Sherrill of Sherrill\nAssociates, and the U.S. Department of Transportation (DOT), written in 1985 and 1986, requesting\nto become party to the exemption DOT-E 6762. You asked for confirmation that the exemption is no\nlonger necessary, and whether the TRA \"Washroom Test Kit\" containing certain corrosive and\nflammable chemicals are considered hazardous materials for purposes of transportation in commerce.\nIt is the shipper's responsibility to properly classify a hazardous material in accordance with the hazard\nclass definitions in Part 173 of the HMR. This Office does not perform that function (See 49 CFR\n173.22). We do not agree with your previous determination that certain chemicals in your test kit, i.e.,\nsulfuric acid, hydrochloric acid, and sodium hydroxide are \"non-hazardous.\"\nUnder the HMR, Chemical kits containing small amounts of various compatible hazardous materials\nwhich are used for medical, analytical, or testing purposes must be prepared and shipped in accordance\nwith Special Provision \"15\" in 49 CFR 172.102. Fox \"Chemical kits\", the quantity of hazardous\nmaterials in an inner packaging must not exceed 250 ml for liquids or 250 g for solids, and must be\nprotected from other materials in the kit. The total quantity or gross weight of hazardous material in any\none kit must not exceed 1 L or 1 kg. The total quantity of hazardous material in any one package must\nnot exceed 10 L or 10 kg. For transportation aboard aircraft, the package of hazardous material may\nnot exceed the quantity limitations prescribed for the material in Column 9A or 9B of the 49 CFR\n172.101 Table (See 49 CFR 173.27).\n173,22\n990047\n\n<<<PAGE 2>>>\n\nThe exemption DOT-E 6762, which authorized certain corrosive and flammable liquids and ORM-A\nand ORM-B materials to be transported as \"Chemical Kits\" in non-specification, plastic packagings\noverpacked in fiberboard outside packagings, was not renewable beyond September 30, 1996.\nTherefore, exemption DOT-E-6762 is no longer valid or necessary.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nDahn Belljo\nDelmer F. Billings\nChief. Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n:\nEngrum\nTEXAS WOMAN'S\n$123.22\nUNIVERSITY\nDENION / DALLAS / HOUSTON\n99-0047\nCharles Riggs\nDEPARTMENT OF\n940 898 2670\nFASHION AND TEXTILES\nJanuary 26, 1999\nCollege of Arts and Science\nP.O. Box 425529\nFax:\nRSPA Office of Hazardous Materials Standards\nU.S. Department of Transportation\n400 Seventh Street SW\nWashington, D. C. 20590-0001\nSubject: 49 CFR 107.14 (b) Shipping of Washroom Test Kit\nGentlemen:\nI am writing under the provisions of 49 CFR 107.14 (b) for a written clarification of requirements for\nshipping chemical test kits with small quantities of dilute chemicals. J. C. Sherrill in Homewood, IL has\nmanufactured the test kit in question for approximately 13 years. The test kit is sold by TRSA (Textile\nRental Services Association of America). J. C. Sherrill provided shipment of test kits until his death in\ntest kits for TRSA. The majority of the kits produced are used in industry training classes conducted at\nTexas Woman's University (TWU) is interested in assuming the responsibility for the production of these\nTexas Woman's University.\nAttached as Exhibit B are copies of correspondence between J. C. Sherrill and DOT in 1985 and 1986.\nPrior to his death, Dr. Sherrill told me the requirements for shipping under the exemption granted in Exhibit\nvast several years, the kit had been shipped, primarily by UPS, with a shipping record indicating \"plasti\n3 was no longer necessary. The contents of the test kit had been determined to not be hazardous. For th\nI have obtained a copy CFR 49. My interpretation of the definition of \"Hazardous substance\" in section\npresented in Exhibit A. None of the contents of the kit equal or exceed the RO listed in Appendix A to\n171.8 is also that the contents of the test kit are not hazardous. The layout and content of the test kit is\nTo protect TRSA and TWU from the possibility of my misinterpreting the provisions of CFR 49, I am\nrequesting a written confirmation that the test kit described in Exhibit A may be shipped as \"plastic ware\".\nThank you for your prompt attention to this matter.\nChal Rig\nCharles L. Riggs, Ph.D.\nA Comprehensive Public University Primarily for Women","truncated":false,"body_characters":5362}