Interpretation Response #06-0205 ([Kajuligan Corporation] [Mr. Cliff Croft ])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Kajuligan Corporation
Individual Name: Mr. Cliff Croft
Location State: KS Country: US
View the Interpretation Document
Response text:
Jan 29, 2007
Mr. Cliff Croft Reference No. 06-0205
Director of Regulatory Compliance
Kajuligan Corporation
11622 Monrovia Street
Overland Park, KS 66210
Dear Mr. Croft:
This responds to your letter dated September 8, 2006, regarding Special Provision “43” in $ 172.102 as it applies to a material described as “Nitrocellulose membrane filters, 4.1, UN3270, PG II,” under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180).
In accordance with Special Provision “43”, nitrocellulose membrane filters each with a mass not exceeding 0.5 g are not subject to the HMR when contained individually in an article or a sealed packet. You ask if it would be a violation of the HMR to utilize Special Provision “43” to transport two strips totaling 0.096 g (2 X 0.048 = 0.C96 g) of nitrocellulose membrane filters with each individual membrane filter having a mass of 0.048 g in each article or sealed packet.
The answer is yes. To utilize the exception, Special Provision “43” requires each nitrocellulose membrane filter under 0.5 gram to be individually or separately contained in an article or sealed packet. Therefore, you may not use the exception to trail sport two strips totaling 0.096 g (2 X 0.048 0.096 g) in a single article or sealed packet.
Currently, as provided under Special Provision “43”, it does matter how many strips are ii the article or sealed packet, although they are each under 0.5 gram (e.g, two strips of nitrocellulose membrane filters totaling 0.096 g (2 X 0.048 = 0.096 g)). We understand your concerns and will address this issue in a future rulemaking.
I hope this information is helpful. If we can be of further assistance.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
172.102 SP 43
Regulation Sections
| Section | Subject |
|---|---|
| 172.102 | Special provisions |