{"operation":"document","citation":"99-0079","title":"Lewis Marine Supply — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-06-28","effective_on":null,"summary":"99-0079 response to Lewis Marine Supply concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0079.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0079.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0079","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990079.pdf","body":"<<<PAGE 1>>>\n\n....\nof Transportatior\nJ.S. Department\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nSpecial Programs\nResearch and\nAdministration\nJUN 2 8 1999\nMr. Keith I. Mauer\n4 Ref. No.\n99-0079\nLewis Marine Supply\nwarehouse Manager\nByfield Division\nPensacola, FL\nP O Box 7127\n32514-0217\nDear Mr. Mauer:\nThis is in response to your letters dated March 22, 1999\nconcerning the renaming and reclassification of certain hazardous\nmaterials as a consumer commodity, class ORM-D.:\nA consumer commodity is defined as a material that is packaged\nand distributed in a form intended or suitable for sale through\nretail sales agencies or instrumentalițies for consumption by\nindividuals for purposes of personal care or household use.\nTherefore, if the packaging exceptions ifor a hazardous material\nspecifically includes a reference to $ 173.156 of the Hazardous\nMaterials Regulation (HMR; 49 CFR Parts 171-180), and the\nmaterial is packaged in accordance with the limited quantity\nprovisions specified for its hazard class, the material may be\nrenamed \"Consumer commodity\" and reclașsed as ORM-D material,.\nprovided it is intended or suitable , (emphasis added) for sale\nthrough a retail sales agency or instrumentality for consumption\nby individuals for purposes of personal care or household use.\nEven though a material may not be intended for consumption by\nindividuals for purpose of personal care or household use, as\nindicated by an advisory notice on the product label prepared by\nthe manufacturer, that determination is not binding on subsequent\ndistributors of the material.\nFor example, some materials that\nare normally used in industrial applications are frequently found\nin home workshops of persons who restore\n171-8\n990079\n\n<<<PAGE 2>>>\n\nautomobiles, furniture and the like. Thus, on the basis of\ninformation\nconcerning its customers needs\nand uses, a reshipper\nof such hazardous material may independently determine whether a\nproduct may be appropriately renamed and reclassed as a consumer\ncommodity, class ORM-D.\nI trust this satisfies your inquiry. If you need fürther\nassistance, please feel free to contact us.\n• I Allan\nThomas G. Allan\nActing Director, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 3>>>\n\nTwitty\n3-22-99\n81718\nEdward Mazzalla\nDirector OHMS\nconsumer\nDepartment 400\n7th Street S.W.\nWashington D.C. 20590\ncommodity\nDear Mr. Mazzalla\n99-0079\nThis letter is to address and hopefully clarify the exception procedure for reclassification of\nClass 3 Flammable Liquids using the exceptions 173.150 process for Limited Quantity then to\nfurther use the Consumer Commodity provision. Product is classified as Paint, 3, UN1263, PG |11\nThe factory states on the MSDS sheet in section 16 - Other Information paragraph 3 For\nIndustrial Use Only-This product is used by professional, trained personnel using proper equipment\nand is not intended for sale to, or use by the general public. It also states the same information on\nthe product label under the paragraph for Industrial Use Only. A phone conversation with Darren:\nKumkleman at U.S. Paint supports the product is not a consumer commodity nor is it intended to be\nsold as a consumer product. This is why they put the information on the product label also.\nI strongly feel because of the information provided that the product does not meet the definition of\na consumer commodity. Per phone conversation with personnel at your facility tells me no matter\nwhat information is in writing, that if the product is packaged in a container that could be used by\nother products that are suitable for reclassification and it is not a forbidden item in transportation\nthen the product could be reclassified as a consumer commodity. Example Round Paint Can.\nIf this is true then could all items that are referred to the exception process for 173.150 be\nreclassified as a consumer commodity. Xylene ,Acetone, Denatured Alcohol, Paint Thinners, etc.\nWhat is the use for of all the Factory's to use UN Performance Oriented Packaging for the products\nwhen if fact the would not be subject to 173.202 or 173.203 packaging requirements or labeling\nrequirements for LTL Shipments or U.P.S. Shipments.\nI currently believe there is alot of confusion over precisely what is and is not a consumer commodity\nunder the D.O.T. definition because what I understand from your facility is the definition of suitable\n(dictionary definition is similar or matching)means that all products unless they are forbidden or are\nnot subject to a exception as in 173.150 all can be reclassified without regard to whether someone\nwould want to purchase it for home or personal use. All of the training I have received from the\nHMAC, UPS and Federal Express and most UN Box Manufacturers leaves almost a clear impres-\nsion that these items can not be shipped as a ORM-D.\nTo help clarify this, I have enclosed a MSDS sheet as well as a product label.\nI really appreciate your time an effort in helping to resolve and clarify this matter for our company.\nSincerely,\nKeith L. Mauer\nWarehouse Manager\n\n<<<PAGE 4>>>\n\nSKIN\nINHALATION\nEYES\n• hearing impairment.\n1-7\nXYLENE\nWEIGHT\n(1) - Acute Oral LD50, Rabbit\nDISOBUTYL KETONE\nCOMMON NAME\nTRADE NAME\nEMERGENCY\nINFORMATION\nADDRESS\nPRODUCT CODE\nPRODUCT CLASS\nMANUFACTURER\n100\n(PPM)\nTEV/TWA\nACGIH\nPOTENTIAL ACUTE HEALTH EFFECTS\nPROPYLENE GLYCOL MONOMETHML ETHER ACETATE\nETHYLENE GLYCOL MONOETHYL ETHER ACETATE\nnulsance parliculales have an ACGIH TLV for Totel Dust of 10 mg/M3.\n(PPM)\nTESTEN PESTA\nMay cause moderate Imitation, redness, tearing, and blurred vision. May cause bums.\n100\n(PPM)\nDSHA\n(2) - Acute Oral L.D50, Ret\nNAP - Not epplicable\nTOPCOAT-GLOSS\n(314) 621-0525\nG&H LINES - LEAD FREE\n831 South 21st Street\nProduct ingredients appear on the following carcinogenic listings: () IARC ()NTP () SHA () NISH () ACGIH (X) None\n150\n(PPM)\nPEL/STEL\nOSHA\nMODIFIED POLYESTER RESIN\nSt. Louis, Missourl 63103-3092\nU.S. PAINT CORPORATION\ndizziness, nausea, vomiting, uncónsciousness, coma, respiratory failure and death. Prolonged exposure căn causé\nCan cause nasal and respiratory tráct Irritation. Can cause CNS effects Including fatigue, weakness, headache,\nsevere in certain individuals. Persons with pre-existing skin disorders may be more susceptible to the effects of this\nskin. Pregnant women should avold exposure to this product. Sensitizer - Can cause aflergic skin reaction which may be\nThis product has produced fetotoxic and teratogenic effects in laboratory animals when Inhaled or absorbed through the\nincluding CNS depression, lung, liver and kidney injury. Symptoms include headache, nausea, vomiting and dizziness.\nthrough the skin In toxic amdunts. Skin contact of high concentrations of vapor may cause Intation and toxic effects,\nProlonged or repeated contact can cause modérate irritation, defatting, ard deřmatitis. Mäterlal Is readily absorbed\nSECTION 3 - HAZARDS IDENTIFICATION\nThis produc confeins pigments which diay become a dust nuisance when rêmoved by ebrasive blasting, sanding or grinding. Airbome\n2,6-DIMETHYL-4-HEPTANONE\nDIMETHYL BENZENE\n2-ETHOXYETHANOL ACETATE\nCHEMICAL NAME\n1-METHOXY-2-PROPANOL ACETATE\nSECTION 2 - COMPOSITION, INFORMATION ON INGREDIENTS\nCHEMTREC - 800-424-9300 OR 703-527-3887\nSECTION 1 - CHEMICAL PRODUCT AND COMPANY IDENTIFICATION\nPrepared by: Environmehtal, Health & Safety Dept. (314) 621-0525\nMATÈRIAL SAFETY DATA SHEET\n(PPM)\nCEILING\nOSHA\nAWLGRIP* / ALUMIGRIP• LINEAR POLYURETHANE\n(3) - Dermal LDSO, Rabbi\nNE - Not established\nNO\nNATION\nDESIG\nSKIN\n8.5(2) -\n2.9(2)\n5.8(2)\n4.3(2)\n• LD50\n. (4) - Dermal LD50, Rat\nCAST 108-55-6\nNA -\nCASH 111-15-9\nNA\nCAS# 108-83-8\n5000/4\nCASE 1330-20-7\nCASA\nINHALATION: VAPOR\n3.7:\n1.7:\nPRESSURE\nprolesslonal firelighters.\nExplosion Level:\nFlashpoint TCC:\nIF SWALLOWED\nIF INHALED\n•IF ON SKIN\nWEIN EYES\nEXTINGUISHING MEDIA\nadminister oxygen.\nTARGET ORGANS\nINGESTION\nAuto-Ignition Temperature:\nFlammability Limits:\ndiseases of the lungs.\nFlammability Classification:\nPRIMARY ROUTE(S) OF ENTRY\ncentral nervous system (CNS).\nby maintaining a continuous flow of fresh alr.\nFIRE-FIGHTING PROCEDURES AND EQUIPMENT\nUNUSUAL FIRE AND EXPLOSION HAZARDS\nchemical pneumonitis which can be fatal.\nPOTENTIAL CHRONIC HEALTH EFFECTS\nClosed container may explode when exposed to extreme heat.\nFIRE AND EXPLOSIVE PROPERTIES OF THE CHEMICAL:\n379°C\n27°C\n1C\nSeek medical attention. If possible, do not leave individual unattended.\nLower NA\nLow 0.80%\nsymptoms persist seek medical attention. Launder clothing before reuse.\nWater may be ineffectivé but should be used to cool fire-exposed structures and vessels.\n715°F\nBO*F\n*Flush eyes with water for at least 15 minutes while holding eyellds apart; Seek medical attention.\nIn case of fire, use Dry Chemical, Foam, CO2 or other approved method fot treating a Class B fire.\nHigher NA •\nHigh 7.00%\nSelf-contained breathing apparatus with full faceplece operaled in pressure-demand or other positive pressure mode\nVapors may ignite explosively. Vapors may spread long distances, and beyond closed doors. Prevent build up of vapors\nincluding heaters, fans, and other non-explosion proof electrical equipment, during use and until all vapors are gone\nKeep away from heal, sparks and flame. Do not smoke. Extinguish all pilot lights and turn off all sources of ignition.\nUse carbon dioxide or dry chemical for small fires; alcohol-type aqueous film-forming foam or water spray for large fires.\nSECTION 5 - FIRE FIGHTING MEASURES\nSECTION 4 - FIRST AID MEASURES\ndoes not result in iliness. Changes are due to a benign lung condition called siderosis or iron pigmentation.\nchemical pneumonitis which may be fatal. If Individual is drowsy or unconscious, place on their side with head down.\nDO NOT induce vomiting unless directed to do so by medical personnel. Aspiration of material into lungs can cause\n*attention; Keep person warm and quiet. If individual Is not breathing, begin artificial respiration. If breathing is difficult,\nif symptoms develop, immediately move individual away from exposure and into fresh air. Seek Immediate medical\n•Remove contaminated clothing and flush contaminated skin with largé amounts of water. If skin is damaged or if\nfertility disorders, skin damage, spleen damage, testicular damage, respiratory system, gastrointestinal (Gl) tract and\n-blood disorders, cardiac abnormallty, eye damage, kidney damage, liver abnormalitles, fung damage, menstrual and\nabnormalities, anemla, birth defects which may include: felotoxicity, émbryotoxicity, infertility and fetal malformations.\nanimals and/or humans, and may aggravate pre-existing disbiders of these organs in humans: reproductive system\nOverexposure to this material or Its components has been suggested as a cause of the following eitects in taboratory\nsystem damage, Intentional misuse by deliberately coricênträting and inhating this product may be harmful or fatal.\n* Reports have assoclated repeated and prolonged occupational overexposure to solvents with brain and nervous\n* Chranic overexposure to iron oxide fumes or dusts has beth associated with x-ray changes of the lungs, however, it\n* Prolonged and repeated breathing of vapors, spray mist and/or sanding dust over a period of years may cause\nCan cause Irritation of the digestive tract, nauséa, vômiting and diathea. Aspirätion of material into thie lungs can cause\nDuring a fire, toxic gases and smoke are irritants prèsent from decomposition/combustion.\n(X) SKIN (X)BREATHING (X) SWALLOWING\nSummon\n\n<<<PAGE 5>>>\n\nSTABILITY\ndusts.\nWil NOT occur.\nphosphorous.\nSTORAGE\nPOLYMERIZATION\nHANDLING:\nLARGE SPILL\nSMALL SPILL\nCLEAN-UP:\nand toxic fumes of sulfur oxides.\nVAPOR DENSITY - NA\nPHYSICAL APPEARANCE - NA\nPHYSICAL STATE - LIQUID\nDo not get in eyes, on skin, or on clothing.\nPERSONAL PROTECTIVE EQUIPMENT\nStable under ordinary conditions of use and storage.\nCONDITIONS TO AVOID AND INCOMPATIBILITIES\nODOR - NA\nVENTILATION/RESPIRATORY PROTECTION\nBOILING RANGE - 135-171°C or 278-343°F\npH - NA\ngiven in this data sheet must be observed for empty containers.\nSENSITIVITY TO STATIC DISCHARGE - Grounding/Bonding required\nHAZARDOUS DECOMPOSITION PRODUCTS (Including Thermal Decomposition)\nimpermeable gloves, clothing, and boots should be worn to prevent skin contact.\nmonitoring demonstrates vapor and particulate levels are below applicable limits,\nsufficient mechanical (general and/or local exhaust) ventilation to maintain exposure below TVS).\nAbsorb liquid on inert material such as paper, vermiculite, floor absorbent, and transter to hood.\nCarbon dioxide, carbon monoxide, chlorides, toxic fumes, various hydrocarbons, hydrogen chloride, nitrogen oxides\nAcids, performic acid, aluminum, alkalis, bromine pentafluoride, calcium hypochlorite, hydrazine, oxidizing agents and\nSECTION 10 - STABILITY AND REACTIVITY\nSECTION 9 - PHYSICAL AND CHEMICAL PROPERTIES\ndirections for respirator use. Engineering or administrative controls should be implemented to reduce exposure. Provide\n- Use only with adequate ventilation. Maintain continuous flow of fresh air. Do not breathe vapors, spray mists, or sanding\nSECTION 8 - EXPOSURE CONTROLS, PERSONAL PROTECTION\nempty, may contain explosive vapors. Do not cut, puncture or weld on or near this container. All hazard precautions\nmateral may be hazardous when emplied because they relain product resides (vapor, liquid, and/or solid). When\n49°C/120 F. Do not transfer contents to bottles or other untabeled conlainers. Protect from. freezing. Containers of this..\nKeep container light and upright to prevent leakage. Keep container closed when not in use.. Do not store above\nSECTION 7 - HANDLING AND STORAGE\nstreams, or other bodies of water. If run-off occurs, notify the proper authorilies as required that a spill has occurred.\nWear appropriale properly: fitted: respirator NOSH/MSHA approved) during and aner apprication. unless. alr\nsand, clay, earth, or floor absorbent, and shoveled into conlalners with non-sparking tools. Prevent run-off to sewers,\nof spill to prevent spreading, pump liquid to salvage tank. Remaining liquid may be absorbed with inert material such as\nequipment should be excluded from area of spill until clean-up has been completed. Stop spill at source, contain area\nEliminate all ignition sources (fares, flames, including pilot lights, electrical sparks). Persons not wearing protective\nCOEFF OF WATER/OIL DIST - NA\n% VOLATILE BY VOLUME - 51-63\n% VOLATILE BY WEIGHT- 35-57\nSPECIFIC GRAVITY\nWATER SOLUBILITY - NA\nVISCOSITY - NA\nFORMULA WEIGHT PER VOL - 8.73-11.36 Ibs./gal.\nUse solvent resistant safety eyewear with splash guards. Solvent\nEVAPORATION RATE - .0 (n-butyl acetate = 1)\nVOC OF MATERIAL - 476-583 g1 or 3.97-4.95 Ibs./gal: *\n• 1.05-1.36\nFollaw respiralor manuracturers\nGloss\nIMPORTANTI\nCAS# 111-15-9\nXYLENE\nG&H Line - Lead Free\nby the general public.\nSTATE REGULATIONS:\nCAS# 1330-20-7\nFOR INDUSTRIAL USE ONLY\nSARA 313 INFORMATION\nFEDERAL REGULATIONS:\nD.O.T. LABEL: Flammable Liquid\nD.O.T. PACKAGING GROUP: Ill\nD.O.T. HAZARD CLASS: 3\nWASTE DISPOSAL METHOD\nregulations, Do not incinerate closed containers.\nNo ecological data available for this product.\nCalifornia to cause birth defects or olher reproductive harm.\nETHYLENE GLYCOL MONOETHYL ETHER ACETATE\nR. 03-01-1995\nR. 10-31-1989\nSuperfund Amendments and Reauthorization Act of 1986 and 40 CFR Part 372.\nNo additional toxicological data available. Please refer to sections 2 a 3.\n10-04-1985\nlabels of all products being blended as the combination may contain the hazards of each component.\nPER CALIFORNIA'S PROPOSITION 65 - WARNING: This product contains chemicals known to the state of\nU.S. PAINT CORPORATION ASSUMES LEGAL RESPONSIBILITY.\nDATA IS NOT TO BE TAKEN AS A WARRANTY OR REPRESENTATION FOR WHICH\nMATERIAL SUPPLIERS AND OTHER SOURCES AND IS BELIEVED TO BE RELIABLE. THIS\nTHE INFORMATION CONTAINED HEREIN IS INFORMATION RECEIVED FROM OUR RAW\nR. 05-02-1995\nR. 01-29-1990\nR. 12-13-1985\nThis product is for use by professional, trained personnel using proper equipment, and is not intended for sale to, or u\nwhatsoever of UL.S. Paint except as expressly warranted or represented in U.S. Paint's published LIMITED WARRANT\nthereto.. Use or application of any U.S. Paint product is at the discretion of the Buyer without liability or obligatk\nqualities of the products sold is believed reliable; however, U.s. Paint makes no warranty or representation with respe\nAny recommendation of U.S. Paint contained herein covering use, utilization, chemical or physical properties and oth\nThis product may be blended with other products prior to use. Read all warnings and precautions on the MSDSs ar\nSECTION 16 - OTHER INFORMATION\nThis product contains the following subslances subject to the reporting requirements of Section 313 of Title ill of th\nSECTION 15 - REGULATORY INFORMATION\nSECTION 14 - TRANSPORT INFORMATION\nDispose of contaminated absorbent, container, and unused contents in accordance with local, state, and feder\nSECTION 13 -DISPOSAL CONSIDERATIONS\nSECTION 12 - ECOLOGICAL INFORMATION\nPCT BY WT: 21-27\nPCT BY WT: 1-7\nUN/NA NUMBER: 1263\nD.O.T. PLACARD: Flammable\nD.O.T. PROPER SHIPPING NAME: Paint\nR. 11-14-1990\nR. 12-02-1987\nR. 12-16-1993\nR. 12-15-1988","truncated":false,"body_characters":17126}