# Lewis Marine Supply — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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>>>

....
of Transportatior
J.S. Department
Washington, D.C.
400 Seventh Street, S.W.
20590
Special Programs
Research and
Administration
JUN 2 8 1999
Mr. Keith I. Mauer
4 Ref. No.
99-0079
Lewis Marine Supply
warehouse Manager
Byfield Division
Pensacola, FL
P O Box 7127
32514-0217
Dear Mr. Mauer:
This is in response to your letters dated March 22, 1999
concerning the renaming and reclassification of certain hazardous
materials as a consumer commodity, class ORM-D.:
A consumer commodity is defined as a material that is packaged
and distributed in a form intended or suitable for sale through
retail sales agencies or instrumentalițies for consumption by
individuals for purposes of personal care or household use.
Therefore, if the packaging exceptions ifor a hazardous material
specifically includes a reference to $ 173.156 of the Hazardous
Materials Regulation (HMR; 49 CFR Parts 171-180), and the
material is packaged in accordance with the limited quantity
provisions specified for its hazard class, the material may be
renamed "Consumer commodity" and reclașsed as ORM-D material,.
provided it is intended or suitable , (emphasis added) for sale
through a retail sales agency or instrumentality for consumption
by individuals for purposes of personal care or household use.
Even though a material may not be intended for consumption by
individuals for purpose of personal care or household use, as
indicated by an advisory notice on the product label prepared by
the manufacturer, that determination is not binding on subsequent
distributors of the material.
For example, some materials that
are normally used in industrial applications are frequently found
in home workshops of persons who restore
171-8
990079

<<<PAGE 2>>>

automobiles, furniture and the like. Thus, on the basis of
information
concerning its customers needs
and uses, a reshipper
of such hazardous material may independently determine whether a
product may be appropriately renamed and reclassed as a consumer
commodity, class ORM-D.
I trust this satisfies your inquiry. If you need fürther
assistance, please feel free to contact us.
• I Allan
Thomas G. Allan
Acting Director, Office of Hazardous
Materials Standards

<<<PAGE 3>>>

Twitty
3-22-99
81718
Edward Mazzalla
Director OHMS
consumer
Department 400
7th Street S.W.
Washington D.C. 20590
commodity
Dear Mr. Mazzalla
99-0079
This letter is to address and hopefully clarify the exception procedure for reclassification of
Class 3 Flammable Liquids using the exceptions 173.150 process for Limited Quantity then to
further use the Consumer Commodity provision. Product is classified as Paint, 3, UN1263, PG |11
The factory states on the MSDS sheet in section 16 - Other Information paragraph 3 For
Industrial Use Only-This product is used by professional, trained personnel using proper equipment
and is not intended for sale to, or use by the general public. It also states the same information on
the product label under the paragraph for Industrial Use Only. A phone conversation with Darren:
Kumkleman at U.S. Paint supports the product is not a consumer commodity nor is it intended to be
sold as a consumer product. This is why they put the information on the product label also.
I strongly feel because of the information provided that the product does not meet the definition of
a consumer commodity. Per phone conversation with personnel at your facility tells me no matter
what information is in writing, that if the product is packaged in a container that could be used by
other products that are suitable for reclassification and it is not a forbidden item in transportation
then the product could be reclassified as a consumer commodity. Example Round Paint Can.
If this is true then could all items that are referred to the exception process for 173.150 be
reclassified as a consumer commodity. Xylene ,Acetone, Denatured Alcohol, Paint Thinners, etc.
What is the use for of all the Factory's to use UN Performance Oriented Packaging for the products
when if fact the would not be subject to 173.202 or 173.203 packaging requirements or labeling
requirements for LTL Shipments or U.P.S. Shipments.
I currently believe there is alot of confusion over precisely what is and is not a consumer commodity
under the D.O.T. definition because what I understand from your facility is the definition of suitable
(dictionary definition is similar or matching)means that all products unless they are forbidden or are
not subject to a exception as in 173.150 all can be reclassified without regard to whether someone
would want to purchase it for home or personal use. All of the training I have received from the
HMAC, UPS and Federal Express and most UN Box Manufacturers leaves almost a clear impres-
sion that these items can not be shipped as a ORM-D.
To help clarify this, I have enclosed a MSDS sheet as well as a product label.
I really appreciate your time an effort in helping to resolve and clarify this matter for our company.
Sincerely,
Keith L. Mauer
Warehouse Manager

<<<PAGE 4>>>

SKIN
INHALATION
EYES
• hearing impairment.
1-7
XYLENE
WEIGHT
(1) - Acute Oral LD50, Rabbit
DISOBUTYL KETONE
COMMON NAME
TRADE NAME
EMERGENCY
INFORMATION
ADDRESS
PRODUCT CODE
PRODUCT CLASS
MANUFACTURER
100
(PPM)
TEV/TWA
ACGIH
POTENTIAL ACUTE HEALTH EFFECTS
PROPYLENE GLYCOL MONOMETHML ETHER ACETATE
ETHYLENE GLYCOL MONOETHYL ETHER ACETATE
nulsance parliculales have an ACGIH TLV for Totel Dust of 10 mg/M3.
(PPM)
TESTEN PESTA
May cause moderate Imitation, redness, tearing, and blurred vision. May cause bums.
100
(PPM)
DSHA
(2) - Acute Oral L.D50, Ret
NAP - Not epplicable
TOPCOAT-GLOSS
(314) 621-0525
G&H LINES - LEAD FREE
831 South 21st Street
Product ingredients appear on the following carcinogenic listings: () IARC ()NTP () SHA () NISH () ACGIH (X) None
150
(PPM)
PEL/STEL
OSHA
MODIFIED POLYESTER RESIN
St. Louis, Missourl 63103-3092
U.S. PAINT CORPORATION
dizziness, nausea, vomiting, uncónsciousness, coma, respiratory failure and death. Prolonged exposure căn causé
Can cause nasal and respiratory tráct Irritation. Can cause CNS effects Including fatigue, weakness, headache,
severe in certain individuals. Persons with pre-existing skin disorders may be more susceptible to the effects of this
skin. Pregnant women should avold exposure to this product. Sensitizer - Can cause aflergic skin reaction which may be
This product has produced fetotoxic and teratogenic effects in laboratory animals when Inhaled or absorbed through the
including CNS depression, lung, liver and kidney injury. Symptoms include headache, nausea, vomiting and dizziness.
through the skin In toxic amdunts. Skin contact of high concentrations of vapor may cause Intation and toxic effects,
Prolonged or repeated contact can cause modérate irritation, defatting, ard deřmatitis. Mäterlal Is readily absorbed
SECTION 3 - HAZARDS IDENTIFICATION
This produc confeins pigments which diay become a dust nuisance when rêmoved by ebrasive blasting, sanding or grinding. Airbome
2,6-DIMETHYL-4-HEPTANONE
DIMETHYL BENZENE
2-ETHOXYETHANOL ACETATE
CHEMICAL NAME
1-METHOXY-2-PROPANOL ACETATE
SECTION 2 - COMPOSITION, INFORMATION ON INGREDIENTS
CHEMTREC - 800-424-9300 OR 703-527-3887
SECTION 1 - CHEMICAL PRODUCT AND COMPANY IDENTIFICATION
Prepared by: Environmehtal, Health & Safety Dept. (314) 621-0525
MATÈRIAL SAFETY DATA SHEET
(PPM)
CEILING
OSHA
AWLGRIP* / ALUMIGRIP• LINEAR POLYURETHANE
(3) - Dermal LDSO, Rabbi
NE - Not established
NO
NATION
DESIG
SKIN
8.5(2) -
2.9(2)
5.8(2)
4.3(2)
• LD50
. (4) - Dermal LD50, Rat
CAST 108-55-6
NA -
CASH 111-15-9
NA
CAS# 108-83-8
5000/4
CASE 1330-20-7
CASA
INHALATION: VAPOR
3.7:
1.7:
PRESSURE
prolesslonal firelighters.
Explosion Level:
Flashpoint TCC:
IF SWALLOWED
IF INHALED
•IF ON SKIN
WEIN EYES
EXTINGUISHING MEDIA
administer oxygen.
TARGET ORGANS
INGESTION
Auto-Ignition Temperature:
Flammability Limits:
diseases of the lungs.
Flammability Classification:
PRIMARY ROUTE(S) OF ENTRY
central nervous system (CNS).
by maintaining a continuous flow of fresh alr.
FIRE-FIGHTING PROCEDURES AND EQUIPMENT
UNUSUAL FIRE AND EXPLOSION HAZARDS
chemical pneumonitis which can be fatal.
POTENTIAL CHRONIC HEALTH EFFECTS
Closed container may explode when exposed to extreme heat.
FIRE AND EXPLOSIVE PROPERTIES OF THE CHEMICAL:
379°C
27°C
1C
Seek medical attention. If possible, do not leave individual unattended.
Lower NA
Low 0.80%
symptoms persist seek medical attention. Launder clothing before reuse.
Water may be ineffectivé but should be used to cool fire-exposed structures and vessels.
715°F
BO*F
*Flush eyes with water for at least 15 minutes while holding eyellds apart; Seek medical attention.
In case of fire, use Dry Chemical, Foam, CO2 or other approved method fot treating a Class B fire.
Higher NA •
High 7.00%
Self-contained breathing apparatus with full faceplece operaled in pressure-demand or other positive pressure mode
Vapors may ignite explosively. Vapors may spread long distances, and beyond closed doors. Prevent build up of vapors
including heaters, fans, and other non-explosion proof electrical equipment, during use and until all vapors are gone
Keep away from heal, sparks and flame. Do not smoke. Extinguish all pilot lights and turn off all sources of ignition.
Use carbon dioxide or dry chemical for small fires; alcohol-type aqueous film-forming foam or water spray for large fires.
SECTION 5 - FIRE FIGHTING MEASURES
SECTION 4 - FIRST AID MEASURES
does not result in iliness. Changes are due to a benign lung condition called siderosis or iron pigmentation.
chemical pneumonitis which may be fatal. If Individual is drowsy or unconscious, place on their side with head down.
DO NOT induce vomiting unless directed to do so by medical personnel. Aspiration of material into lungs can cause
*attention; Keep person warm and quiet. If individual Is not breathing, begin artificial respiration. If breathing is difficult,
if symptoms develop, immediately move individual away from exposure and into fresh air. Seek Immediate medical
•Remove contaminated clothing and flush contaminated skin with largé amounts of water. If skin is damaged or if
fertility disorders, skin damage, spleen damage, testicular damage, respiratory system, gastrointestinal (Gl) tract and
-blood disorders, cardiac abnormallty, eye damage, kidney damage, liver abnormalitles, fung damage, menstrual and
abnormalities, anemla, birth defects which may include: felotoxicity, émbryotoxicity, infertility and fetal malformations.
animals and/or humans, and may aggravate pre-existing disbiders of these organs in humans: reproductive system
Overexposure to this material or Its components has been suggested as a cause of the following eitects in taboratory
system damage, Intentional misuse by deliberately coricênträting and inhating this product may be harmful or fatal.
* Reports have assoclated repeated and prolonged occupational overexposure to solvents with brain and nervous
* Chranic overexposure to iron oxide fumes or dusts has beth associated with x-ray changes of the lungs, however, it
* Prolonged and repeated breathing of vapors, spray mist and/or sanding dust over a period of years may cause
Can cause Irritation of the digestive tract, nauséa, vômiting and diathea. Aspirätion of material into thie lungs can cause
During a fire, toxic gases and smoke are irritants prèsent from decomposition/combustion.
(X) SKIN (X)BREATHING (X) SWALLOWING
Summon

<<<PAGE 5>>>

STABILITY
dusts.
Wil NOT occur.
phosphorous.
STORAGE
POLYMERIZATION
HANDLING:
LARGE SPILL
SMALL SPILL
CLEAN-UP:
and toxic fumes of sulfur oxides.
VAPOR DENSITY - NA
PHYSICAL APPEARANCE - NA
PHYSICAL STATE - LIQUID
Do not get in eyes, on skin, or on clothing.
PERSONAL PROTECTIVE EQUIPMENT
Stable under ordinary conditions of use and storage.
CONDITIONS TO AVOID AND INCOMPATIBILITIES
ODOR - NA
VENTILATION/RESPIRATORY PROTECTION
BOILING RANGE - 135-171°C or 278-343°F
pH - NA
given in this data sheet must be observed for empty containers.
SENSITIVITY TO STATIC DISCHARGE - Grounding/Bonding required
HAZARDOUS DECOMPOSITION PRODUCTS (Including Thermal Decomposition)
impermeable gloves, clothing, and boots should be worn to prevent skin contact.
monitoring demonstrates vapor and particulate levels are below applicable limits,
sufficient mechanical (general and/or local exhaust) ventilation to maintain exposure below TVS).
Absorb liquid on inert material such as paper, vermiculite, floor absorbent, and transter to hood.
Carbon dioxide, carbon monoxide, chlorides, toxic fumes, various hydrocarbons, hydrogen chloride, nitrogen oxides
Acids, performic acid, aluminum, alkalis, bromine pentafluoride, calcium hypochlorite, hydrazine, oxidizing agents and
SECTION 10 - STABILITY AND REACTIVITY
SECTION 9 - PHYSICAL AND CHEMICAL PROPERTIES
directions for respirator use. Engineering or administrative controls should be implemented to reduce exposure. Provide
- Use only with adequate ventilation. Maintain continuous flow of fresh air. Do not breathe vapors, spray mists, or sanding
SECTION 8 - EXPOSURE CONTROLS, PERSONAL PROTECTION
empty, may contain explosive vapors. Do not cut, puncture or weld on or near this container. All hazard precautions
materal may be hazardous when emplied because they relain product resides (vapor, liquid, and/or solid). When
49°C/120 F. Do not transfer contents to bottles or other untabeled conlainers. Protect from. freezing. Containers of this..
Keep container light and upright to prevent leakage. Keep container closed when not in use.. Do not store above
SECTION 7 - HANDLING AND STORAGE
streams, or other bodies of water. If run-off occurs, notify the proper authorilies as required that a spill has occurred.
Wear appropriale properly: fitted: respirator NOSH/MSHA approved) during and aner apprication. unless. alr
sand, clay, earth, or floor absorbent, and shoveled into conlalners with non-sparking tools. Prevent run-off to sewers,
of spill to prevent spreading, pump liquid to salvage tank. Remaining liquid may be absorbed with inert material such as
equipment should be excluded from area of spill until clean-up has been completed. Stop spill at source, contain area
Eliminate all ignition sources (fares, flames, including pilot lights, electrical sparks). Persons not wearing protective
COEFF OF WATER/OIL DIST - NA
% VOLATILE BY VOLUME - 51-63
% VOLATILE BY WEIGHT- 35-57
SPECIFIC GRAVITY
WATER SOLUBILITY - NA
VISCOSITY - NA
FORMULA WEIGHT PER VOL - 8.73-11.36 Ibs./gal.
Use solvent resistant safety eyewear with splash guards. Solvent
EVAPORATION RATE - .0 (n-butyl acetate = 1)
VOC OF MATERIAL - 476-583 g1 or 3.97-4.95 Ibs./gal: *
• 1.05-1.36
Follaw respiralor manuracturers
Gloss
IMPORTANTI
CAS# 111-15-9
XYLENE
G&H Line - Lead Free
by the general public.
STATE REGULATIONS:
CAS# 1330-20-7
FOR INDUSTRIAL USE ONLY
SARA 313 INFORMATION
FEDERAL REGULATIONS:
D.O.T. LABEL: Flammable Liquid
D.O.T. PACKAGING GROUP: Ill
D.O.T. HAZARD CLASS: 3
WASTE DISPOSAL METHOD
regulations, Do not incinerate closed containers.
No ecological data available for this product.
California to cause birth defects or olher reproductive harm.
ETHYLENE GLYCOL MONOETHYL ETHER ACETATE
R. 03-01-1995
R. 10-31-1989
Superfund Amendments and Reauthorization Act of 1986 and 40 CFR Part 372.
No additional toxicological data available. Please refer to sections 2 a 3.
10-04-1985
labels of all products being blended as the combination may contain the hazards of each component.
PER CALIFORNIA'S PROPOSITION 65 - WARNING: This product contains chemicals known to the state of
U.S. PAINT CORPORATION ASSUMES LEGAL RESPONSIBILITY.
DATA IS NOT TO BE TAKEN AS A WARRANTY OR REPRESENTATION FOR WHICH
MATERIAL SUPPLIERS AND OTHER SOURCES AND IS BELIEVED TO BE RELIABLE. THIS
THE INFORMATION CONTAINED HEREIN IS INFORMATION RECEIVED FROM OUR RAW
R. 05-02-1995
R. 01-29-1990
R. 12-13-1985
This product is for use by professional, trained personnel using proper equipment, and is not intended for sale to, or u
whatsoever of UL.S. Paint except as expressly warranted or represented in U.S. Paint's published LIMITED WARRANT
thereto.. Use or application of any U.S. Paint product is at the discretion of the Buyer without liability or obligatk
qualities of the products sold is believed reliable; however, U.s. Paint makes no warranty or representation with respe
Any recommendation of U.S. Paint contained herein covering use, utilization, chemical or physical properties and oth
This product may be blended with other products prior to use. Read all warnings and precautions on the MSDSs ar
SECTION 16 - OTHER INFORMATION
This product contains the following subslances subject to the reporting requirements of Section 313 of Title ill of th
SECTION 15 - REGULATORY INFORMATION
SECTION 14 - TRANSPORT INFORMATION
Dispose of contaminated absorbent, container, and unused contents in accordance with local, state, and feder
SECTION 13 -DISPOSAL CONSIDERATIONS
SECTION 12 - ECOLOGICAL INFORMATION
PCT BY WT: 21-27
PCT BY WT: 1-7
UN/NA NUMBER: 1263
D.O.T. PLACARD: Flammable
D.O.T. PROPER SHIPPING NAME: Paint
R. 11-14-1990
R. 12-02-1987
R. 12-16-1993
R. 12-15-1988
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- **body characters:** 17126