Interpretation Response #08-0296 ([Kott Koatings, Inc.] [Mr. John M. Kott])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Kott Koatings, Inc.
Individual Name: Mr. John M. Kott
Location State: CA Country: US
View the Interpretation Document
Response text:
January 16, 2009
Mr. John M. Kott
President
Kott Koatings, Inc.
27161 Burbank Street
Foothill Ranch, CA 92610
Ref. No. 08-0296
Dear Mr. Kott:
This responds to your letter requesting clarification of the packaging requirements for paint and paint-related materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether your company"s product "S6", a paint-thinning flammable solvent, is eligible for the packaging exception in § 172.102, Special Provision 149. Based on its flammability, your product is assigned to Packing Group II under the criteria specified in §§ 173.120 and 173.121. Your product is packaged in a combination packaging consisting of metal jerricans with a capacity of 1-gallon (3.785 L) each that are placed in an outer packaging made of fiberboard.
The answer to your question is yes. Special Provision 149 is assigned to the Class 3, Packing Group II entry of "Paint" and "Paint related material (UN1263)" in column 7 of the § 172.101 Hazardous Materials Table. This special provision allows for such materials that are packaged as limited quantities or consumer commodities to be contained in inner packagings with a net capacity not to exceed 5-liters (as opposed to 1-liter) each. Provided your company"s product "S6" conforms to the conditions specified, it is eligible for the packaging exception under Special Provision 149 of § 172.102.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
172.102, 173.150, 178.601
Regulation Sections
| Section | Subject |
|---|---|
| 172.102 | Special provisions |