Interpretation Response #02-0291 ([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: 12/17/2002

Company Name: Exotherm Technology, Inc.

Individual Name: Robert W. Stephens

Location State: TX Country: US

View the Interpretation Document

Response text:

Dec 17, 2002

Mr. Robert W. Stephens                    Reference No. 02-0291
Vice President of Operations
Exotherm Technology, Inc.
5544 Riverton Court
Plano, TX 75093

Dear Mr. Stephens:

This is in response to your October 31, 2002 letter and recent telephone conversations with my staff asking if your company's product, a fish attractant pellet, would be subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You state that the fish attractant pellet is identical in composition, packaging material and number of inner packagings per box as that you described in your June 24, 2002 letter, except for being packaged 12 pellets to a blister-pack inner packaging instead of 8. In our August 28, 2002 response, we determined the product packaged eight pellets to a blister-pack inner packaging is not subject to the HMR.

Based on your information stating the fish attractant pellets packaged 12 pellets to a blister-pack inner packaging is otherwise identical to that described in your June 24, 2002 letter, we take a similar position that it is not subject to the HMR.  Likewise, 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,

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

173.124

Regulation Sections