Interpretation Response #00-0163 ([IKI Manufacturing Co., Inc.] [Mr. Ken Johnson])

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

Interpretation Response Details

Response Publish Date: 10/20/2000

Company Name: IKI Manufacturing Co., Inc.

Individual Name: Mr. Ken Johnson

Location State: WI Country: US

View the Interpretation Document

Response text:

October 20, 2000

Mr. Ken Johnson               Reference. No. 00-0163
IKI Manufacturing Co., Inc.
116 N. Swift Street
Edgerton, WI 53534

Dear Mr. Johnson:

This is in response to your letter and subsequent telephone conversation with a member of my staff requesting clarification of the requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for certain compressed gases.  Specifically, you ask if your products may be transported under the proper shipping name "Aerosols"  and whether they may be renamed  "Consumer commodity" and reclassed as ORM-D.

You state that you have three products.  Product A contains 90-95% difluoroethane and 5-10% pentane packaged in 13-ounce metal containers.  Product B contains 100% 1,1,1,2­tetrafluoroethane in metal containers with capacities from one ounce to eight ounces.  Product C contains 68.5% n-butane and 31.5% propane in metal containers with capacities from one ounce to eight ounces.

Your letter contained insufficient information concerning Product A; therefore, we cannot make a determination on whether it meets the definition of an aerosol as provided in §171.8. Products B and C do not meet the definition for aerosols and, therefore, the proper shipping name "Aerosols" may not be used.  However, Products B and C in containers of not more than 4 fluid ounces capacity may be renamed "Consumer commodity" in accordance with §173.306(a)(1) and (h).

With regard to your containers that have a capacity over 4 fluid ounces, you may wish to contact the Research and Special Programs Administration's Office of Exemptions and Approvals.  Exemptions are granted on a case-by-case basis to authorize the relief of certain requirements under the HMR.  Currently, an exemption, DOT E-10232, authorizes  "1,1,1,2-Tetrafluoroethane" to be offered for transportation as "Consumer commodity," ORM-D in accordance with the terms and conditions of the exemption.  Procedures for applying for an exemption are set forth in §107.105 of the HMR.  The Office of Exemptions and Approvals may be reached at (202) 366-4545.

I hope this information is helpful.  Please contact us if you need additional assistance.

Sincerely,

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.306

Regulation Sections