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Interpretation Response #05-0191 ([Industrial Health and Safety Consultants, Inc.] [Denese A. Deeds, CIH])

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

Interpretation Response Details

Response Publish Date:

Company Name: Industrial Health and Safety Consultants, Inc.

Individual Name: Denese A. Deeds, CIH

Location State: CT Country: US

View the Interpretation Document

Response text:

Apr 4, 2006


Denese A. Deeds, CIH                        Reference No. 05-0191

Senior Consultant

Industrial Health and Safety Consultants, Inc.

6 Lunar Drive

Woodbridge, CT 06525

Dear Ms. Deeds:

This is in response to your letter, e-mails, and telephone conversation with a member of my staff asking for clarification on the meaning of "sealed packet" under Special Provision 47 of 172.102 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You also asked whether a felt-tip cleaning pen with a closing cap, described in the documents you provided as "TechMark Pen Tick Plus" Swiper" and "Drimark 8700 Style Marker," meets the definition of a sealed packet under this special provision. We apologize for the delay in responding and any inconvenience this may have caused.

You provided the pen"s material safety data sheet (MSDS), schematic drawings, and photograph. The documents state the proper shipping description "Solids containing flammable liquid, n.o.s. (Isopropanol solution), 4.1, UN 3175, PG II," and its flash point is 12 °C (54 °F). The pen is composed of 3 milliliters of an isopropanol and oxalic acid solution that is absorbed, with no free liquid, onto a felt substrate and adjacent polyethylene nib placed within a molded polyethylene pen barrel fitted with a molded polyethylene cap.

The HMR do not currently define "sealed packet." One example of a "sealed packet" is a small inner packaging that is closed to prevent the release of the hazardous material within the packaging during normal transportation conditions, such as a towelette. Special Provision 47 excepts from the HMR sealed packets that contain less than 10 milliliters of a flammable liquid in Packing Group II or III when the liquid is completely absorbed onto a solid material. Based on the information you provided, it is the opinion of this Office that your pens and markers are not subject to the requirements of the HMR.

I hope this information is helpful.



Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.102, 173.120

Regulation Sections

Section Subject
172.102 Special provisions
173.120 Class 3-Definitions