USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #09-0276 ([JJ Keller] [Mr. Leonard Satkowski])

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

Interpretation Response Details

Response Publish Date:

Company Name: JJ Keller

Individual Name: Mr. Leonard Satkowski

Location State: IL Country: US

View the Interpretation Document

Response text:

January 10, 2011




Mr. Leonard Satkowski

JJ Keller

7727 Parkside Ave.

Burbank, IL 60459

Ref. No. 09-0276

Dear Mr. Satkowski:

This is in response to your November 6, 2009 email regarding the exceptions for limited quantities of compressed gases specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if aerosol cans containing an oral cleanser may utilize the exception provided by § 173.306(b). This provision allows the material to be renamed "Consumer commodity" and reclassed and transported as ORM-D material without subjecting the container to the hot water bath test specified in § 173.306(a)(3).

According to your letter, the oral cleanser is packaged in a bag-on-valve inside an aerosol container with a non-flammable gas. The non-flammable gas is intended to force the cleanser from the bag.

In accordance with § 173.306(b)(1), foodstuffs or soaps may be transported in a non-refillable metal container with soluble or emulsified compressed gas. In order to meet this exception, the gas must be dissolved into a solution with the oral cleanser. The bag-on- valve configuration described in your letter does not appear to meet this requirement.

I trust this satisfies your inquiry. If we can be of further assistance, please contact us.


Ben Supko

Acting Chief, Standards Development Branch

Standards and Rulemaking Division


Regulation Sections

Section Subject
173.306 Limited quantities of compressed gases