Interpretation Response #00-0288 ([Currie Associates, Inc.] [Mr. Jack Currie])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 04/12/2001

Company Name: Currie Associates, Inc.

Individual Name: Mr. Jack Currie

Location State: NY Country: US

View the Interpretation Document

Response text:

April 12, 2001

Mr. Jack Currie                Ref. No. 00-0288
Currie Associates, Inc.
1118 Bay  Road
Lake George, NY 12845-4618

Dear Mr. Currie:

This is in response to your October 12, 2000, letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the material and packaging you describe as a sealed pod containing approximately one gram (O.174 gr to 1.2 gr) of potassium hydroxide, a Class 8, Packing Group II  material.  You are requesting that we make a determination, under § 173.136(b), that this material is not subject to the HMR or to determine that the risk of this material due to packaging is too small to regulate.

You describe the packaging as consisting of the pod sandwiched between two plastic sheets which are coated with absorbent material which, you state, would not allow any material to escape.  The pod is attached to one of the two sheets and is only broken when a customer initiates a mechanical device which breaks the pod.  At this point, the material is spread evenly across the sheets where it is absorbed and neutralized.  A stack of 8 to 10 of these sheet/pod combinations is stacked in a plastic cartridge, which in turn is then packaged in a hermetically sealed foil envelope.  The foil envelope is then packaged in a fiberboard box.  You ship approximately 50 to 60 of these packages in one shipping case.

It is the opinion of this Office that the item described above is not a hazardous material and, therefore, is not subject to the HMR.  This determination is made in accordance with § 173.136(b).

I hope this satisfies your request,

Sincerely,

Edward T. Mazzullo
Director, Office of Hazardous
Materials Standards

173.136(b)

Regulation Sections