Interpretation Response #02-0183 ([Exotherm Technology, Inc.] [Robert W.Stephens])

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

Interpretation Response Details

Response Publish Date: 08/28/2002

Company Name: Exotherm Technology, Inc.

Individual Name: Robert W.Stephens

Location State: TX Country: US

View the Interpretation Document

Response text:

Aug 28, 2002

Mr. Robert W. Stephens                   Reference No. 02-0183
Vice President of Operations
Exotherm Technology, Inc.
5544 Riverton Court
Plano, TX 75093

Dear Mr. Stephens:

This is in response to your June 24, 2002 letter and recent telephone conversations with Eileen Edmonson of my staff concerning whether your company's product, a fish attractant pellet, would be subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

You state each pellet weighs 10 grains (.648 grams) and is composed of 0.26 grains of magnesium.  You state 8 pellets are hermetically sealed individually onto a polyethylene/aluminum foil blister packaging that is packed inside a re-sealable polyethylene bag, and further packed in an outer fiberboard box.  The outer fiberboard box will contain 100 re-sealable bags.

Based on the information you provided, it is our determination that the fish attractant pellet is in a quantity and form that does not pose a hazard in transportation and, therefore, is not subject to the HMR, regardless of the number of fish attractant pellets contained in one outer package.  However, this determination does not apply to fish attractant pellets shipped in another type of packaging or those containing more than 0.26 grains of magnesium.

I hope this satisfies your request.  If we can be of further assistance, please contact us.

Sincerely,

Edward T. Mazzullo
Director, Office of Hazardous Materials Standards

173.124

Regulation Sections