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Interpretation Response #12-0227 ([IQ Products Company] [Mr. P. Yohanne Gupta])

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

Interpretation Response Details

Response Publish Date:

Company Name: IQ Products Company

Individual Name: Mr. P. Yohanne Gupta

Location State: TX Country: US

View the Interpretation Document

Response text:

October 18, 2012



Mr. P. Yohanne Gupta
Director of Research and Development
IQ Products Company
16212 State Highway 249
Houston, TX 77086

Reference No.: 12-0227

Dear Mr. Gupta:

This is in response to your September 27, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to aerosol containers. You provide extensive background information and ask two questions relating to hot water bath testing of metal aerosol containers. Your questions are paraphrased and answered below:

Q1. During the filling and testing process of the hot water bath test, the flat-cup valve assembly permanently deforms. Does this occurrence render the container unsuitable for transportation?

A1. The answer is yes. Section § 173.306(a)(3)(v) of the HMR specifies that when subjected to the hot water bath test, no leakage or permanent deformation of a container may occur. When the aerosol container is assembled, the valve mounting cup becomes part of the container. If the valve mounting cup exhibits permanent deformation as a result of filling and the hot water bath test, the container is not in compliance with § 173.306(a)(3)(v).

Q2. If your company knowingly transports non-compliant, defective aerosol cans at the customer"s insistence, would you be considered in violation of the HMR?

A2. The answer is yes. While non-compliance with the HMR is determined on a case-by-case basis, § 171.1(c) provides that the requirements of the HMR apply to the transportation of hazardous material in commerce and to each person who transports hazardous material in commerce. Accordingly, as detailed in your incoming letter, you have correctly advised your customer of the safety issues. The continued manufacturing and/or transportation of a defective container constitutes a knowing and possible willful violation of the HMR which could be subject to civil and criminal sanctions that include penalties up to $500,000 and imprisonment for not more than 10 years.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.



Charles E. Betts
Standards and Rulemaking Division


173.306, 171.1

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
173.306 Limited quantities of compressed gases