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Interpretation Response #02-0256 ([Keller and Heckman, LLP] [Terrence D. Jones, Esq])

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

Interpretation Response Details

Response Publish Date:

Company Name: Keller and Heckman, LLP

Individual Name: Terrence D. Jones, Esq

Location State: DC Country: US

View the Interpretation Document

Response text:

Nov 25, 2002

Terrence D. Jones, Esq.                    Reference No. 02-0256
Keller and Heckman, LLP
1001 G. Street, N.W.
Suite 500 West
Washington, DC 20001

Dear Mr. Jones:

This responds to your September 16, 2002 letter regarding the applicability of the small quantity exception in § 173.4 under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to your client’s product.  Your client, Tempra Technology, Inc. has developed a sealed ration heater (SRH) to provide a flameless means of heating individual meals.  The SRH includes two hermetically sealed plastic pouches, each of which contains approximately 22.6 grams of a Division 5.1 (Oxidizer), PG II.

In your September letter, on behalf of Ternpra Technology, you requested clarification of the applicability of the "small quantity exception" in § 173.4 to your client's product.  Multiple units of a SRH with the meals will be shipped in a strong outside fiberboard box.  The gross mass of the filled box will not exceed 29 kg (64 pounds).  The fiberboard box meets the drop and compressive load tests, and will be marked "This package conforms to 49 CFR 173.4."

The hazardous material at issue, a Division 5.1 (Oxidizer), PG II, may be transported under the small quantity exception if it meets the quantity limits and packaging requirements in § 173.4. Based on the information you submitted, we agree that your client's SRH may be transported under the small quantity exception provided the quantity of the Division 5.1, PG II, oxidizer in the inner packaging is less than 30 grams (1 ounce) and all other provisions of § 173.4 are met.  Packing different or nonhazardous material (e.g., the meal) in the same package is permitted provided it does not result in a violation of § 173.21.

I hope this information is helpful.  If we can be of further assistance, please contact us.


Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.4 Small quantities for highway and rail