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Interpretation Response #08-0277 ([Mr. Lawrence W. Bierlein])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Lawrence W. Bierlein

Location State: DC Country: US

View the Interpretation Document

Response text:

January 8, 2009






Mr. Lawrence W. Bierlein

Attorney at Law

Suite 500

1101 30th Street, NW

Washington, DC 20007

Ref. No. 08-0277

Dear Mr. Bierlein:

This responds to your letter of October 21, 2008, regarding classification of a new water reactive formulation used in a flameless ration heater (FRH) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your letter, the FRH is a component of a Unitized Group Ration Express (UGR-E) used by military services to heat foodstuffs when activated by contact with water. You offer verification that your client tested the reformulated heating mixture in accordance with the UN Manual of Tests and Criteria, as required by § 173.124(c), and test results indicate the reformulated mixture does not produce flammable or toxic gas at a rate greater than one liter per kilogram, per hour, when in contact with water.

As you note in your letter, it is the primary responsibility of a person who offers a product into commerce to properly classify that material under the HMR. However, upon review of your letter and the accompanying test report, it is the opinion of this Office that the reformulated mixture does not meet the definition of Division 4.3 material and, therefore, is not subject to the HMR.



I trust this adequately responds to your request. Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.124

Regulation Sections

Section Subject
173.124 Class 4, Divisions 4.1, 4.2 and 4.3-Definitions