Interpretation Response #10-0067 ([SDS, Inc.] [Mr. Stephen Nesteriak])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: SDS, Inc.
Individual Name: Mr. Stephen Nesteriak
Location State: NJ Country: US
View the Interpretation Document
Response text:
May 14, 2010
Mr. Stephen Nesteriak CHMM
SDS, Inc.
115 Route 46
Mountain Lakes, NJ 07046
Ref. No. 10-0067
Dear Mr. Nesteriak:
This responds to your March 12, 2010 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to a material described as "Nitrocellulose membrane filters, 4.1, UN3270, PG II." Specifically, you ask if it is a violation of the HMR to put together in a sealed packet, multiple nitrocellulose membrane filters, as long as the total weight of each sealed packet does not exceed 0.5 grams.
The answer is yes, this would be a violation of the HMR. In accordance with Special Provision 43 in § 172.102, nitrocellulose membrane filters are not subject to the HMR when contained individually in an article or a sealed packet, provided the mass of the filter does not exceed 0.5 grams. To utilize the exception, Special Provision 43 requires each nitrocellulose membrane filter under 0.5 grams to be individually or separately contained in an article or sealed packet.
I hope this answers your inquiry. If you need further assistance, please contact this Office.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
172.102