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Interpretation Response #04-0093 ([Sovereign Specialty Chemicals] [Mr. Kevin W. Johnston])

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

Interpretation Response Details

Response Publish Date:

Company Name: Sovereign Specialty Chemicals

Individual Name: Mr. Kevin W. Johnston

Location State: NY Country: US

View the Interpretation Document

Response text:

Jun 3, 2004

 

Mr. Kevin W. Johnston, CIH, CSP                 Reference No. 04-0093
Director, Health, Safety & Environmental Affairs
Sovereign Specialty Chemicals
710 Ohio Street
Buffalo, New York 14203

Dear Mr. Johnston:

This responds to your April 6, 2004 letter requesting clarification on the hazard class of your products under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification on the hazard class of your products containing adhesives and gas propellants packaged in DOT specification cylinders.

According to your letter, your company manufactures certain adhesives and gas propellants packaged in DOT specification cylinders. Because of some confusion within the industry group that supplies such products regarding the appropriate method for determining whether the products meet the definition of a flammable gas, you are requesting our confirmation on the appropriate classification methodology.

Your questions are paraphrased and answered as follows:

Q1. Do the aerosol test methods specified in § 173.306(i) only apply to aerosols packaged in containers not exceeding one liter?

Al. Yes. The tests specified in § 173.306(i) are required for aerosols shipped under the limited quantity provisions of § 173.306. If your products do not meet the criteria for shipment as limited quantities, the tests specified in § 1 73.306(i) may not be used for your products.

Q2. Does the flammability of the adhesive products packaged in the non-refillable DOT specification 39 cylinders have to be determined using the tests methods specified in § 173.306(i) or ASTM E68l-85 as referenced in § 173.115(a)?

A2. The flammability tests specified in § 173.306(i) are required for aerosols shipped under the limited quantity provisions of § 173.306. If your products do not meet the criteria for shipment as limited quantities, their flammability may not be determined using the test specified in § 173.306(i). If your products meet the definition specified in § 173.115(a) for Division 2.1, Flammable Gas, they must be classified as Division 2.1 materials using ASTM E681-85, Standard Test Method for Concentration Limits of Flammability of Chemicals or other equivalent method approved by the Associate Administrator.
Q3. Are we correct that the flammability of the adhesive products packaged in DOT specification 4BW cylinders must be determined using ASTM E681-85 as specified in § 173.115(a) unless DOT specifically approves an alternate equivalent test method?

A3. Yes. The flammability of the adhesive products packaged in DOT specification 4BW cylinders must be determined using ASTM E68 1-85 as specified in § 173.115(a), unless an alternate equivalent test method is approved by the Associate Administrator.

Q4. Has DOT approved any alternate test methods (such as the flame projection test method specified in 16 CFR 1500.45 for consumer products) for flammable gas determinations as provided for in § 173.115(a)? If approval applications are published, will the public have the opportunity to comment if a party applied to use an alternate test methods?

A4. No, there are no approvals applications in our approvals data base applicable to flammable gas determinations as provided for in § 173.115(a) such as alternate test methods concerning the flame projection test specified in 16 CFR 1500.45 for consumer products. Unlike applications for exemptions, which are published in the Federal Register on a monthly basis, applications for approvals are not generally published. However, on occasion certain approval applications are published when public comments are requested. In addition, alternate test methods may be proposed in a notice of proposed rulemaking with a comment period requesting comments from the regulated community and the public.

Q5. If an adhesive product tests as non-flammable using the consumer products test method specified in 16 CFR 1500.45 and flammable using one of the DOT-specified test methods, would the results using the DOT-specified test method take precedence and compel the product to be classified as flammable?

A5. Yes. For transportation of hazardous materials in commerce, the DOT-specified test methods in the HMR would take precedence in classifying the adhesive product as flammable.

I hope this answers your inquiry.

Sincerely,

 

John A Gale    
Chief, Standards Development
Office of Hazardous Materials Standards

173.115,  173.306(i)

Regulation Sections

Section Subject
173.115 Class 2, Divisions 2.1, 2.2, and 2.3-Definitions
173.306 Limited quantities of compressed gases